Sep
24
2021
Helios & Matheson Analytics, Inc., In re
Ruling:
Liquidating damages provision did not constitute a fine or penalty subject to subordination asit was reasonable and not grossly disproportionate to a breach injury. (Bankr. S.D.N.Y.)
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Commercial case opionion summary, case decided on September 24,2021, LexisNexis #1121-031
May
05
2021
Essar Steel Minnesota LLC, In re--Nystrom v. Vuppuluri
Ruling:
Trustee’s third amended complaint against two of debtor’s governors and officers based onbreach of fiduciary duties was supported by sufficient factual allegations to avoid dismissal.(Bankr. D. Del.)
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Commercial case opionion summary, case decided on May 05,2021, LexisNexis #0621-056
Apr
22
2021
Welte Testamentary Trust, In re
Ruling:
Creditor trust did not have an unenforceable claim and lacked standing to file a motion todismiss debtor’s case. (Bankr. N.D. Iowa)
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Commercial case opionion summary, case decided on April 22,2021, LexisNexis #0621-030
Mar
16
2021
W.R. Grace & Co., In re
Ruling:
Claims had to be disallowed because the underlying causes of action had been dismissed ina state court lawsuit. (Bankr. D. Del.)
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Commercial case opionion summary, case decided on March 16,2021, LexisNexis #0521-005
Jan
14
2021
Kittery Point Partners, LLC v. Bayview Partners, LLC
Ruling:
A bankruptcy court properly rejected debtor's challenges to creditor's proof of claim regardinga note and mortgage as the challenges were barred by the preclusive effect of a state courtjudgment upholding the validity of the note and mortgage. (B.A.P. 1st Cir.)
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Commercial case opionion summary, case decided on January 14,2021, LexisNexis #0221-082
Oct
26
2020
Ultra Petroleum Corp., In re
Ruling:
Court allowed a contractual claim for make-whole liquidated damages where the underlyinginterest bearing note was prepaid. (Bankr. S.D. Tex.)
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Commercial case opionion summary, case decided on October 26,2020, LexisNexis #1220-058
Oct
14
2020
Keane, In re
Ruling:
Debtor's landlord late-filed claim allowed subject to subordination to timely filed claims.(Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on October 14,2020, LexisNexis #1220-007
Oct
15
2020
Twiford Enters., In re--Twiford Enters. v. Rolling Hills Bank & Trust
Ruling:
Bankruptcy court did not err in awarding post-judgment interest to creditor bank. (B.A.P.10th Cir.)
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Commercial case opionion summary, case decided on October 15,2020, LexisNexis #1220-008
Sep
30
2020
Marquez, In re
Ruling:
Federal credit union's claim was timely filed before the claims bar date applicable togovernmental units. (Bankr. D.N.M.)
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Consumer case opionion summary, case decided on September 30,2020, LexisNexis #1120-030
Court: Judge or Jurisdiction information not available
Sep
21
2020
Ameriflex Eng'g LLC, In re
Ruling:
LLC member's claim was disallowed as the debtor provided substantial evidence todemonstrate that the loan agreement was not unenforceable. (Bankr. D. Or.)
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Commercial case opionion summary, case decided on September 21,2020, LexisNexis #1120-003
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