Feb
22
2024
Diamond Fin. Co., In re--Pergament v. Torac Realty, LLC
Ruling:
Transfers could be avoided where the debtor and its entities paid back defendant transfereealmost double the amount that it loaned. (Bankr. E.D.N.Y.)
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Commercial case opionion summary, case decided on February 22,2024, LexisNexis #0424-044
Feb
21
2024
AP Orangevale, LLC, In re
Ruling:
Motion for relief from the stay was denied as the declaratory judgment action that the creditorsought to assert against the debtor was subject to the automatic stay. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on February 21,2024, LexisNexis #0424-031
Feb
21
2024
Hornback, In re--Polylok, Inc. v. Hornback
Ruling:
Debt was nondischargeable as debtor's action in continuing to breach the terms of hiscovenant not to compete with the creditor were without just cause or excuse. (Bankr. W.D. Ky.)
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Consumer case opionion summary, case decided on February 21,2024, LexisNexis #0424-040
Feb
17
2024
Westbank Holdings, In re
Ruling:
Bankruptcy court decided to enforce the arbitration clause in the insurance policy at issue asthe estate’s claims asserted in the petition were not core. (Bankr. E.D. La.)
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Commercial case opionion summary, case decided on February 17,2024, LexisNexis #0424-049
Feb
16
2024
Fog Cap Retail Invs. LLC, In re--Summit Inv. Mgmt. LLC v. Connolly
Ruling:
Bankruptcy court did not abuse its discretion as it had the authority to approve settlementsand did not arbitrarily interfere with the Oklahoma litigation. (10th Cir.)
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Commercial case opionion summary, case decided on February 16,2024, LexisNexis #0424-030
Court: Judge or Jurisdiction information not available
Feb
16
2024
Santiago-Martínez v. Fundación Damas, Inc.
Ruling:
Parents' claims against the hospital were not precluded as they could not have been raised andlitigated within the scope of the bankruptcy proceeding to which the hospital was not a party.(1st Cir.)
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Consumer case opionion summary, case decided on February 16,2024, LexisNexis #0424-041
Court: Judge or Jurisdiction information not available
Feb
16
2024
Diocese of Rochester, In re
Ruling:
Competing disclosure statements from debtor diocese, creditors' committee, and insurer werenot approved as they did not sufficiently detail abuse claim settlements under the bankruptcyplan. (Bankr. W.D.N.Y.)
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Commercial case opionion summary, case decided on February 16,2024, LexisNexis #0424-046
Feb
16
2024
Hansen, In re
Ruling:
Trustee's amended plan of liquidation properly provided for the treatment of all claims andinterests, whether impaired or otherwise. (Bankr. D. Utah)
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Consumer case opionion summary, case decided on February 16,2024, LexisNexis #0424-047
Feb
15
2024
Kwok, In re
Ruling:
Trustee was entitled to extend the statutes of limitations for filing avoidance proceedings,pursuant to the relevant sections of the Bankruptcy Code. (Bankr. D. Conn.)
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Consumer case opionion summary, case decided on February 15,2024, LexisNexis #0424-026
Feb
14
2024
Bush, In re
Ruling:
Movants were not entitled to lift the automatic stay to permit them to pursue claims againstthe debtors in state court as they consented to the bankruptcy court's determination of each ofthe grounds set out in their proof of claim. (Bankr. N.D. Ala.)
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Consumer case opionion summary, case decided on February 14,2024, LexisNexis #0424-029