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3rd circuit

AIG Fin. Prods. Corp., In re--AIG Fin. Prods. Corp. v. Arthurs

Ruling
Claims of debtor’s former executives were subject to contractual subordination even if thedebtor and its parent company breached the executives’ compensation plan. (Bankr. D. Del.)
Issue(s)
Subordination; Equitable Subordination.

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Commercial opinion summary, case decided on May 09, 2024 , LexisNexis #0724-034

Chisholm Oil & Gas Nominee, Inc., In re

Ruling
Abstention was not warranted due to the predominance of core bankruptcy issues. (Bankr. D.Del.)
Issue(s)
Bankruptcy Cases and Proceedings.

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Commercial opinion summary, case decided on May 08, 2024 , LexisNexis #0724-048

Roberts, In re--Roberts v. Vara

Ruling
Reopening the debtor's bankruptcy case was warranted to permit the Chapter 7 trustee toinvestigate and administer a cause of action that was not disclosed by the debtor during thependency of her case. (Bankr. W.D. Pa.)
Issue(s)
Closing and Reopening Cases; When to Reopen.

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Consumer opinion summary, case decided on May 08, 2024 , LexisNexis #0724-030

Higgins, In re

Ruling
Debtor's transfer of property to his wife without adherence to § 363's notice requirement didnot render the transfer void ab initio. (Bankr. E.D. Pa.)
Issue(s)
Postpetition Transactions.

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Consumer opinion summary, case decided on May 03, 2024 , LexisNexis #0724-016

Ashcraft, In re

Ruling
Court denied the debtors' objection related to a post-petition mortgage payment as the debtors'pay history showed that a check for that payment bounced. (Bankr. D. Del.)
Issue(s)
Allowance of Claims or Interests; Objections.

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Consumer opinion summary, case decided on April 30, 2024 , LexisNexis #0724-010

Sacks Weston LLC, In re

Ruling
Bankruptcy case dismissed due to continuing losses, inability to reorganize timely, and lack ofviable business continuity plan after attorney's retirement. (Bankr. E.D. Pa.)
Issue(s)
Conversion or Dismissal.

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Commercial opinion summary, case decided on April 25, 2024 , LexisNexis #0724-063

Uku, In re--Knoll v. Uku

Ruling
Plaintiff was not entitled to summary judgment with respect to adversary proceeding as themere fact that a state court found a breach of fiduciary duty was insufficient to meet plaintiff'sthreshold burden. (Bankr. W.D. Pa.)
Issue(s)
Exceptions to Discharge; Types of Debt Excepted; Fiduciary Fraud, Embezzlement, or

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Consumer opinion summary, case decided on April 24, 2024 , LexisNexis #0624-089

Goli Nutrition, Inc., In re

Ruling
Bankruptcy court refused to approve a proposed stock sale transaction as the issuance of stockin a debtor company was not a sale transaction. (Bankr. D. Del.)
Issue(s)
Use, Sale, or Lease of Property.

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Commercial opinion summary, case decided on April 23, 2024 , LexisNexis #0624-084

OPP Liquidating Co., In re--Buchwald Cap. Advisors LLC v. Schoen

Ruling
Claims for breach of fiduciary duty that took place three years before the petition date weretime barred despite post-petition extension due to provisions of state fraudulent concealmentlaw. (Bankr. D. Del.)
Issue(s)
Extension of Time; Commencement of Action by Trustee; Post Relief Order.

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Commercial opinion summary, case decided on April 09, 2024 , LexisNexis #0624-027

NVN Liquidation, Inc.

Ruling
Application for payment of certain fees and expenses as a substantial contribution in theNovan Inc. bankruptcy case was denied as the holding company did not meet the standard forapproval of a substantial contribution claim. (Bankr. D. Del.)
Issue(s)
Allowance of Administrative Expenses; Types of Expenses Allowed.

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Commercial opinion summary, case decided on April 08, 2024 , LexisNexis #0624-085