Search Opinion

Pier 1 Imps., Inc., In re

Ruling: 
Lessors did not have a right to compel payment from debtor tenants as proper remedy was topursue an administrative expense claim. (Bankr. E.D. Va.)
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Commercial case opionion summary, case decided on May 10,2020, LexisNexis #0620-086

Va. True Corp., In re--Cipollone v. Applestein

Ruling: 
Motion to transfer was granted because transferring the action would promote the economicadministration of debtor's bankruptcy estate and judicial economy. (Bankr. E.D. Va.)
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Commercial case opionion summary, case decided on March 30,2020, LexisNexis #0520-049

Lansdowne Constr., In re

Ruling: 
Court rejected creditor's defense that payment was not a preference because it was by jointcheck, as there was not an enforceable, non-avoidable, joint check agreement. (Bankr. E.D. Va.)
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Commercial case opionion summary, case decided on February 21,2020, LexisNexis #0420-018

Toys "r" Us, In re

Ruling: 
Motion for dismissal of turnover proceeding denied where plaintiff adequately stated a claimfor relief by alleging that debt had matured and amount was due in a set amount. (Bankr. E.D.Va.)
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Commercial case opionion summary, case decided on January 28,2020, LexisNexis #0320-037

Toys "R" Us Prop. Co. I, LLC, In re

Ruling: 
Landlord's objection to assumption and assignment of commercial lease overruled. (Bankr. E.D. Va.)
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Commercial case opionion summary, case decided on March 05,2019, LexisNexis #0419-079

Runnymede Capital Mgmt., In re

Ruling: 
Bank's motion to dismiss trustee's complaint was denied as trustee adequately stated aplausible claim under applicable law that transfers of an interest occurred. (Bankr. W.D. Va.)
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Commercial case opionion summary, case decided on February 22,2019, LexisNexis #0419-062

Health Diagnostic Lab., Inc., In re--Arrowsmith v. Mallory

Ruling: 
Court approved settlement agreement where the company's plan met trustee's burden ofshowing that a settlement he negotiated with the former CEO of the company was fair,equitable, and in the best interests of creditors. (Bankr. E.D. Va.)
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Commercial case opionion summary, case decided on June 12,2018, LexisNexis #0718-090

Toys "R" Us, Inc., In re

Ruling: 
Court overruled creditor's objection to the debtors' proposed assumption and assignment of the lease where the interest of the debtors in obtaining the full value of the lease outweighed any detriment to the creditor. (Bankr. E.D. Va.)
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Commercial case opionion summary, case decided on May 31,2018, LexisNexis #0718-034

Toys "R" Us, Inc., In re

Ruling: 
Landlord's objections to the proposed assumption and assignment of lease overruled as there were no provisions in the debtors' lease or any applicable master agreement relating to tenant mix and balance that prohibited the assignment. (Bankr. E.D. Va.)
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Commercial case opionion summary, case decided on May 24,2018, LexisNexis #0618-097

Health Diagnostic Lab., Inc., In re

Ruling: 
Court granted the motion to appoint a permanent liquidating trustee as objecting parties have not established a set of facts sufficient to bar the appointment. (Bankr. E.D. Va.)
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Commercial case opionion summary, case decided on April 03,2018, LexisNexis #0518-057

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