Commercial

Circuit City Stores, In re

Ruling: 
Amendment to 28 U.S.C. § 1930(a)(6) was unconstitutional as applied to the debtor's case dueto its lack of uniformity with respect to pending chapter 11 bankruptcy cases. (Bankr. E.D. Va.)
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Commercial case opionion summary, case decided on January 01,2018, LexisNexis #0919-047

Cranberry Growers Coop. v. Layng

Ruling: 
Payments by the debtor's customers to the creditor constituted disbursements for the purposeof assessing fees to the bankruptcy trustee. (7th Cir.)
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Court: Judge or Jurisdiction information not available
Commercial case opionion summary, case decided on July 17,2019, LexisNexis #0919-048

Ebackpack, In re

Ruling: 
Creditor lacked standing to bring involuntary case against the alleged debtor as a bona fidedispute existed as to the claims. (Bankr. N.D. Tex.)
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Commercial case opionion summary, case decided on July 12,2019, LexisNexis #0919-026

Motors Liquidation Co., In re

Ruling: 
Court held that the new company could not be liable for punitive damages based solely ondebtor's conduct under a successor liability theory. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on July 10,2019, LexisNexis #0919-031

Jadeco Constr. Corp., In re--Pryor v. Town of Smithtown

Ruling: 
Trustee's fraudulent conveyance claim was not subject to dismissal where trustee did not seekto overturn the contract decision but sought to recover the value of labor and materials debtorsupplied to a town. (Bankr. E.D.N.Y.)
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Commercial case opionion summary, case decided on July 10,2019, LexisNexis #0919-037

New Eng. Confectionary Co., In re

Ruling: 
Motion to dismiss denied where trustee had standing to assert a mere instrumentality claimunder 11 U.S.C. § 544(a)(1). (Bankr. D. Mass.)
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Commercial case opionion summary, case decided on July 19,2019, LexisNexis #0919-039

Chi. Mgmt. Consulting Grp., In re--Fox v. Hathaway

Ruling: 
Bankruptcy court judgment affirmed as it was justified that the debtor was insolvent, transfersto the transferee were gratuitous, and the debtor had creditors under the Bankruptcy Act. (7thCir.)
ABI Membership is required to access the full summary of Chi. Mgmt. Consulting Grp., In re--Fox v. Hathaway. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court: Judge or Jurisdiction information not available
Commercial case opionion summary, case decided on July 10,2019, LexisNexis #0919-040

Think Retail Sols., LLC, In re--Trauner v. Delta Air Lines, Inc.

Ruling: 
Creditor was entitled to summary judgment as the trustee failed to make a prima facie case forfraudulent transfer and for unjust enrichment. (Bankr. N.D. Ga.)
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Commercial case opionion summary, case decided on July 05,2019, LexisNexis #0919-041

Parkland Props., In re

Ruling: 
Court found that creditor did not violate the reorganization plan or the confirmation orderwhen it successfully bid on a certain real property and did not sell it to the reorganized debtor.(Bankr. N.D. Ill.)
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Commercial case opionion summary, case decided on July 16,2019, LexisNexis #0919-044

Pritchard v. Johnson & Johnson

Ruling: 
Court deemed that it was appropriate to abstain from exercising jurisdiction over the talcbankruptcy case currently pending in state court as the court would not further delay thejustice that the plaintiff may be entitled to. (Bankr. S.D. Fla.)
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Commercial case opionion summary, case decided on July 09,2019, LexisNexis #0919-045

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