- 28 U.S.C.
Addington, In re--Business Aircraft Leasing, Inc. v. Ultra Energy Res.
Mar
26
2025
Ruling
Trustee could not transfer governance rights without manager approval, which was not obtained. (Bankr. E.D. Ky.)
Issue(s)
Use, Sale, or Lease of Property; Notice and Hearing; Not in the Ordinary Course of Business.
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INMET Mining, LLC, In re--Bluegrass Nat. Res., LLC v. Beckman
Jul
30
2024
Ruling
Adversary proceeding against trustee in a bankruptcy in another district dismissed due toplaintiff’s failure to request permission from the bankruptcy court that appointed the trustee.(Bankr. E.D. Ky.)
Issue(s)
Defenses and Objections -- When and How Presented – By Pleading or Motion --
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Court
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- 11 U.S.C.
Mountainside Coal Co., In re
Jul
12
2024
Ruling
Debtors were not entitled to obtain new post-petition credit as the proposed financing was notenough to support debtors through a plan process. (Bankr. E.D. Ky.)
Issue(s)
Conversion or Dismissal.
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Court
:
- 11 U.S.C.
OGGUSA, Inc., In re--Oxford Restructuring Advisors, LLC v. Curtis
Dec
29
2023
Ruling
Plan administrator of a debtor's wind-down trust was entitled to a judgment avoiding debtor'spre-petition transfer to defendant farmer. (Bankr. E.D. Ky.)
Issue(s)
Preferences.
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Oggusa, Inc., In re--GenCanna Acquisition Corp. v. 101 Enters., LLC
Aug
31
2023
Ruling
Purchaser of debtor’s 50% interest in LLC at bankruptcy sale did not acquire a member’sgovernance and economic rights based on the terms of the operating agreement. (Bankr. E.D.Ky.)
Issue(s)
Property of the Estate; Creation and Composition of the Estate.
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HDR Farms Inc., In re--HDR Farms Inc. Liquidating Trust v. Applied Botanics LLC
Dec
28
2022
Ruling
Defendants were not entitled to sanctions against plaintiff because the record suggested atleast a bare minimum justification for the allegations in the complaint. (Bankr. E.D. Ky.)
Issue(s)
Signing of Papers; Representations to the Court; Sanctions; Verification and Copies of
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HDR Farms Inc., In re--HDR Farms Inc. Liquidating Trust v. Applied Botanics LLC
Aug
31
2022
Ruling
Debtor could seek to recover nominal and punitive damages although it failed to disclosethem in its interrogatory response as the nominal damages were assessed by the court andpunitive damages were requested in the amended complaint. (Bankr. E.D. Ky.)
Issue(s)
Failure to Make Discovery
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HDR Farms Inc., In re--HDR Farms Inc. Liquidating Trust v. Applied Botanics LLC
Aug
30
2022
Ruling
Damages for breach of fiduciary duty denied due to lack of evidence. (Bankr. E.D. Ky.)
Issue(s)
Summary Judgment.
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Court
:
- 11 U.S.C.
Oggusa, Inc. v. Louisville Dryer Co.
Mar
31
2022
Ruling
Creditor's proof of claim was disallowed as the final progress payment under the parties'agreement was not yet due and creditor had conceded that a fair result based on commonsense precluded allowance of its claim. (Bankr. E.D. Ky.)
Issue(s)
Allowance of Claims or Interests.
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:
- 11 U.S.C.
Cambrian Holding Co. v. Alliance Prime Assocs.
May
04
2021
Ruling
Facts alleged in the complaint were accepted as true and allowed a reasonable inference thatdefendants were plausibly liable under the litigating trustee's state and federal fraudulenttransfer claims. (Bankr. E.D. Ky.)
Issue(s)
Fraudulent Transfers and Obligations; Elements of Fraudulent Transfers; Avoidable
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