Commercial

Bernard L. Madoff Inv. Secs. LLC, In re--Picard v. Citibank, N.A.

Ruling: 
Securities Investor Protection Act trustee did not bear the burden of pleading a transferee'slack of good faith. (2d Cir.)
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Court: Judge or Jurisdiction information not available
Commercial case opionion summary, case decided on August 30,2021, LexisNexis #1021-067

Nichols, In re--Nichols v. Marana Stockyard & Livestock Mkt., Inc.

Ruling: 
Chapter 13 debtor had an absolute right to dismiss case pursuant to the terms of § 1307(b). (9thCir.)
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Court: Judge or Jurisdiction information not available
Commercial case opionion summary, case decided on August 31,2021, LexisNexis #1021-073

Emerge Energy Servs. LP, In re--Superior Silica Sands LLC v. Iron Mountain Trap Rock Co.

Ruling: 
Creditor was not judicially estopped from pursuing claims were not irreconcilablyinconsistent with the disclosures of the schedules. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on August 26,2021, LexisNexis #1021-053

CM Resort, LLC, In re

Ruling: 
Trust successfully established cause for Chapter 11 trustee's immediate return to the trust oftrust funds transferred by a co-trustee of the trust who lacked authority to make the transfer.(Bankr. N.D. Tex.)
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Commercial case opionion summary, case decided on August 31,2021, LexisNexis #1021-064

Village Red Rest. Corp., In re--Graham v. Serafis

Ruling: 
Chapter 11 Plan Administrator had standing to pursue his avoidance claims because therewere creditors before the transfers who remained unpaid at the time of the bankruptcy filing.(Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on August 31,2021, LexisNexis #1021-065

Anderson, In re

Ruling: 
Motion to dismiss with prejudice was denied as debtor did not file the petition in bad faithbecause debtor believed that he was eligible and was following the advice of experiencedcounsel when electing to pursue Chapter 12 relief. (Bankr. S.D. Ohio)
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Commercial case opionion summary, case decided on August 24,2021, LexisNexis #1021-045

Socaldeal, Inc., In re

Ruling: 
Trustee's motion to approve a settlement was inadequate due to failure to give all creditorsand notice parties 21 days notice by mail of the hearing. (Bankr. C.D. Cal.)
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Commercial case opionion summary, case decided on August 19,2021, LexisNexis #1021-050

Ruling: 
Prosecution of asbestos claims stayed to prevent liquidation and recovery of claims outside ofthe bankruptcy process. (Bankr. W.D.N.C.)
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Commercial case opionion summary, case decided on August 23,2021, LexisNexis #1021-028

Dees, In re--NewRez LLC v. Dees

Ruling: 
Creditor loan servicer was entitled to stay relief because it had a colorable claim to enforce thenote and security deed. (Bankr. N.D. Ga.)
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Commercial case opionion summary, case decided on August 12,2021, LexisNexis #1021-030

Best View Constr. & Dev., LLC, In re

Ruling: 
Judicial estoppel did not bar a debtor from rejecting real estate contracts as executory becausedebtor neither changed its positions nor obtained an unfair advantage. (Bankr. D. Idaho)
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Commercial case opionion summary, case decided on August 24,2021, LexisNexis #1021-031

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