New Opinions

New York District Court Nixes Shareholder’s Appeal in Trustee Suit

August 4, 2022 admin

Download the full pdf of the opinion by clicking: here July 18, 2022, US District Court for Southern New York – The District Court for Southern New York granted Trustee Ian J. Gazes’ motion to dismiss Nicholas Gordon’s appeal from Bankruptcy Court’s orders. The orders dismissed the adversary proceeding filed by Nicholas Gordon against Trustee […]

Wisconsin District Judge Throws Out Trustee Appeal, OK’s Earmarking Doctrine

August 3, 2022 admin

Download the full pdf of the opinion by clicking: here July 15, 2022, US District Court for Eastern Wisconsin – The District Court for Eastern Wisconsin dismissed Trustee Douglas F. Mann’s appeal against the Bankruptcy Court order granting summary judgment in favor of Defendant LSQ Funding Group L.C. (“LSQ”) in the bankruptcy case of Engstrom, […]

Texas Judge Denies “Ponzi Presumption” for “Ponzi-Like” Scheme; AM Radio Station Dodges Fraudulent Conveyance Bullet

July 23, 2022 admin

Download the full pdf of the opinion by clicking: here July 13, 2022, US Bankruptcy Court for Northern Texas – The Northern Texas Bankruptcy Court granted a motion for judgment on partial findings filed by CBS Radio, Inc. et al. (“Defendants”) determining that Robert Yaquinto, Jr., the Chapter 7 trustee (“Trustee”) for Texas E&P Operating, […]

Cerberus Dealt Loss in Lien Subordination Fight

July 11, 2022 admin

Download the full pdf of the opinion by clicking: here July 06, 2022, US Bankruptcy Court for Delaware – The Delaware Bankruptcy Court holds the subordination of lien of minority note holders fair and reasonable in the bankruptcy case of TPC Group, Inc (“Debtor”). The adversary proceeding was filed by two minority note holders Bayside […]

One-Year Discovery Rule Not for Constructive Fraud–Delaware BK Court

July 5, 2022 admin

Download the full pdf of the opinion by clicking: here June 27, 2022, US Bankruptcy Court for Delaware – The Delaware Bankruptcy Court grants the motion to dismiss filed by Anderson Media Corporation; ANConnect, LLC; et al. (“Defendants”) to the extent of dismissing Trustee George L. Miller’s complaint counts of constructive fraudulent transfer, breach of […]

Court Throws Out Creditors’ DIP Breach of Fiduciary Claims

July 5, 2022 admin

Download the full pdf of the opinion by clicking: here June 27, 2022, US Bankruptcy Court for the Eastern District of Virginia – The Eastern Virginia Bankruptcy Court granted a motion for summary judgment brought by David A. Brandon, Paul E. Raether, et al. (“Defendants”) dismissing TRU Creditor Litigation Trust’s count alleging breach of fiduciary […]

Court Finds Trustee Not Liable For Auction SNAFU

June 29, 2022 admin

Download the full pdf of the opinion by clicking here June 17, 2022, US Bankruptcy Court for Colorado District – Colorado Bankruptcy Court grants Trustee Jeffrey L. Hill’s request for summary judgment declaring two Trustee’s Sale Deeds as void and unenforceable in the bankruptcy case of Kenneth C. Casey, Inc. (“Debtor”). The Court simultaneously denies […]

Court Denies Summary Judgment On “Strip-and-Strand” Allegations

June 29, 2022 admin

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Download the full pdf of the opinion by clicking here June 22, 2022, US Bankruptcy Court for the District of Delaware – The Delaware Bankruptcy Court denies the motion for partial summary judgment filed by Maxus Liquidating Trust (“Trust”) on a 23-count complaint that the Trust brought against YPF S.A. (“YPF”) and Repsol, S.A. (“Repsol”) […]

Lack of Facts Showing Insolvency Tanks Trustee Fraudulent Conveyance Complaint

June 22, 2022 admin

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June 13, 2022, US Bankruptcy Court for the District of Delaware – The Delaware Bankruptcy Court granted in part and denied in part a motion brought by McKesson Plasma & Biologics LLC, and McKesson Medical-Surgical, Inc. (collectively, the “Defendants”) to dismiss the complaint filed by Center City Healthcare, LLC and some of its affiliates (the […]

New York Court Rejects Trustee’s Demand for Calculated Damages as “Speculative” and “Flawed”

June 15, 2022 admin

June 06, 2022, US Bankruptcy Court for the Southern District of New York – The Southern New York Bankruptcy Court found Defendant Yucaipa American Alliance Fund I, L.P. (“Yucaipa”) guilty of breach of fiduciary duty but denied damages to Catherine E. Youngman, the Litigation Trustee (“Trustee”) for Ashinc Corporation, et al. (“Debtors”), because of her […]

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