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C & M Invs. of High Point Inc., In re--Northen v. MDC Innovations, LLC

Ruling: 
Claims regarding the assignment of intellectual property to non-debtor companies did notarise "under" or "in" title 11 as they asserted state law causes of action which wereindependent of the bankruptcy filing and the companies were not debtors before the court.(Bankr. M.D.N.C.)
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Commercial case opionion summary, case decided on August 21,2018, LexisNexis #1018-026

Coder Foundry, LLC, In re

Ruling: 
State court derivative action was not a violation of the automatic stay as neither of the claims asserted in the derivative action were property of the bankruptcy estate. (Bankr. M.D.N.C.)
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Commercial case opionion summary, case decided on August 01,2018, LexisNexis #0918-037

Stiletto Mfg., In re

Ruling: 
Court held that there was no executory contract for the debtor to reject or assume where both the original agreement and the modified agreement were executed in the ordinary course of the debtor's business. (Bankr. E.D.N.C.)
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Commercial case opionion summary, case decided on July 19,2018, LexisNexis #0818-099

Tara Retail Grp., Inc., In re

Ruling: 
Debtor's motion to surcharge was denied as debtor's attorney's fees and expenses requestedin the fee application were not incurred primarily to protect or preserve creditor's collateral.(Bankr. N.D. W. Va.)
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Commercial case opionion summary, case decided on June 15,2018, LexisNexis #0718-069

CHL, LLC, In re

Ruling: 
Amended plan was not confirmable as it was not fair and equitable. (Bankr. E.D.N.C.)
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Commercial case opionion summary, case decided on June 14,2018, LexisNexis #0718-085

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

Emerald Grande, LLC, In re

Ruling: 
Court denied creditors' motion to convert case as creditors failed to demonstrate that debtor has grossly mismanaged its estate. (Bankr. N.D. W. Va.)
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Commercial case opionion summary, case decided on June 04,2018, LexisNexis #0718-055

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

Dozier Fin., Inc., In re--Haigler v. Dozier

Ruling: 
Motion to transfer venue was denied as the public interests were best served by retention ofthe estate and investor claims in the forum. (Bankr. D.S.C.)
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Commercial case opionion summary, case decided on May 24,2018, LexisNexis #0718-029

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