Cases

428 B.R. 103 (2010) In re TSIC, INC., f/k/a The Sharper Image, Corporation, Debtor. TSIC, Inc., f/k/a The Sharper Image, CORPORATION, v. Richard Thalheimer, Defendant. Bankruptcy No. 08-10322 (KG). Adversary No. 08-51902 (KG). United States Bankruptcy Court, D. Delaware. April 28, 2010. *106 Womble Carlyle Sandridge & Ric

393 B.R. 71 (2008) In re TSIC, INC., f/k/a Sharper Image Corporation, Debtor. No. 08-10322(KG). Re Dkt No. 907. United States Bankruptcy Court, D. Delaware. August 18, 2008. *73 Francis A. Monaco Jr., John H. Strock, III, Steven K. Kortanek, Womble Carlyle Sandridge & Rice, Wilmington, DE, for Debtor. MEMORANDUM O

MEMORANDUM JOHN C. COOK, Bankruptcy Judge. This adversary proceeding is before the court on the parties’ cross-motions for summary judgment, regarding the plaintiffs assertion that certain severance payments made by the debtor to the defendant are avoidable as fraudulent transfers. The defendant’s motion also seeks summary judgment on the plaintiffs assertion that the payments are avoidable as

PHILLIPS, Circuit Judge. Plaintiff Jeffrey Weinman is the Chapter 7 Trustee for Adam Aircraft Industries (“AAI”). 1 Defendant Joseph Walker was an officer of AAI and served as its president and as a member of its Board of Directors (the “Board”) from 2004 through early 2007. Throughout his employment, Walker had neith

OPINION OF THE COURT AMBRO, Circuit Judge. 11 U.S.C. § 363 allows a debtor to sell substantially all of its assets outside a plan of reorganization. In modern bankruptcy practice, it is the tool of choice to put a quick close to a bankruptcy ease. It. avoids time, expense, and, some would say, the Bankruptcy Code’s unbending rules. The issue at the co

BY: KEVIN J. CAREY, UNITED STATES BANKRUPTCY JUDGE FTI Consulting, Inc., in its capacity as the Trustee of Centaur LLC Litigation Trust (the "Trustee"), filed a complaint against Joseph Sweeney and Linda Porr Sweeney (the "Defendants") to recover alleged fraudulent transfers by Debtor Valley View Downs, LP ("VVD") to the Defendants. The Trustee moved for summary judgment in his favor.3 The Defendants op

ORDER J. RICH LEONARD, Bankruptcy Judge. This matter came before the court on Endcom, Ine.’s (“defendant”) motion to dismiss this adversary proceeding for failure to state a claim upon which relief can be granted, to which James B. Angelí (“trustee”) has objected. A hearing on the matter was held on January 10, 2018 in Raleigh, North Carolina. At the conclusion of the hearing, the court took the m

445 B.R. 344 (2011) In re DBSI, INC., et al., Debtors. James R. Zazzali, as Trustee for the Chapter 11 Estates of DBSI, Inc., DBSI Securities Corporation, DBSI Realty Inc., DCJ Inc., and DBSI Real Estate Funding Corporation, DBSI Investments Limited Partnership; and DBSI Redemption Reserve Fund, Plaintiffs, v. Walter E. Mott, Defendant. James R. Zazzali, as Trustee for the Chapter 11 Estates of DBSI, Inc., DBSI Securities Corporation, DBS

OPINION Thomas L. Perkins, United States Bankruptcy Judge The Plaintiff moves for reconsideration of the grant of summary judgment in favor of the Defendant, Nostaw, Inc. (NOS-TAW). The Plaintiff, A. Clay Cox (TRUSTEE), is the Trustee for the chapter 7 estate of the Debtor, Central Illinois Energy Cooperative (DEBTOR). FACTUAL AND PROCEDURAL BACKGROUND

447 B.R. 243 (2011) In re DBSI, INC., et al., Debtors. James R. Zazzali, as Trustee for the Chapter 11 Estates of DBSI, Inc., DBSI Securities Corporation, DBSI Realty Inc., DCJ Inc., and DBSI Real Estate Funding Corporation, DBSI Investments Limited Partnership; and DBSI Redemption Reserve Fund, Plaintiffs, v. Walter E. Mott, Defendant. James R. Zazzali, as Trustee for the Chapter 11 Estates of DBSI, Inc., DBSI Securities Corporation, DBS

ORDER GRANTING DEFENDANT’S MOTION FOR JUDGMENT AS A MATTER OF LAW CORMAC J. CARNEY, UNITED STATES DISTRICT JUDGE I. INTRODUCTION AND BACKGROUND This is a trademark case involving soup base for pho, a Vietnamese noodle soup. The traditional preparation of pho is highly labor-intensive: a pho cook will begin by boiling beef bones for 30 minutes, discarding the water, washing the bones, an

AMENDED OPINION HILLMAN, District Judge.1 TABLE OF CONTENTS I. Factual Background and Procedural History.727 II. Standing.731 A. Constitutional Standing.731 B. Prudential Standing.733 C. In Pan Delicto Defense .735 III. The Moti

ORDER Michael E. Romero, United States Bankruptcy Judge This matter came on for trial on the Complaint filed by Jeffrey A. Weinman, Chapter 7 Trustee (“Trustee”) and the Answer filed by Defendant Joseph K. Walker (“Walker”). Based upon the evidence and legal argument presented by the parties, the Court makes the following findings of fact and conclusions of law.1 JURISDI

Thomas J. Tucker, United States Bankruptcy Judge I. Introduction Each of the above-captioned adversary proceedings is a preference action arising out of the Chapter 7 bankruptcy case of Dearborn Bancorp, Inc. The Plaintiff Chapter 7 Trustee seeks to avoid pre-petition transfers the Debtor made to Defendant Jeffrey Karafa totaling $130,422.00 (Adv. No. 13-5094) and pre-petition transfers the Debtor

Chapter 11 MEMORANDUM SUE L. ROBINSON, United States District Judge At Wilmington this 10th day of March, 2014, having reviewed the materials submitted in connection with appellant’s appeal and motion to stay, the court concludes that said motions1 are denied and the appeals2 are dismissed, for the reasons that follow:

RIGGS, J. Plaintiff, an interstate carrier, appeals a judgment for defendants, shippers. Defendants cross-appeal the denial of their request for attorney fees. We reverse on the appeal and affirm on the cross-appeal. The parties contracted for plaintiff to ship defendants’ Christmas trees to customers in several states. Defendants expected to, and did, pay freight charges for several of their customers. Howe

Nature of Proceeding: Motion to Dismiss Adversary Proceeding BANKRUPTCY COURT’S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW1 Robert N. Opel, II, Chief Bankruptcy Judge I. Non-Core Matter The Bankruptcy Court submits the following proposed findings of fact and conclusions o

KEVIN R. ANDERSON, U.S. Bankruptcy Judge I. Introduction Over twenty years ago, Theodore William White, Jr. (the "Debtor") was accused, *887arrested, and incarcerated for a crime he did not commit. Approximately seven years after his initial arrest, and after multiple proceedings, trials, and appeals, the Debt

OPINION MARY D. FRANCE, Chief Judge. Before the Court is the motion of Alan D. Loeser (“Loeser”) and Patricia M. Brit-ton (“Britton”) (collectively, “Defendants”) to dismiss the Amended Complaint filed by Steven Carr (the “Trustee”), Chapter 7 trustee for the estate of International Auction and Appraisal Services LLC (“Debt- or”). The Trustee is seeking to avoid certain transfers made to Defend

*72Opinion Carman, Chief Judge: Plaintiffs, Murata Manufacturing Company, Ltd. and Murata Electronics North America, Incorporated1 (collectively “Murata”) and others (collectively “plaintiffs”) challenge the Department of Commerce’s (“Department” or “Commerce”) remand decision in Final Scope Remand — Antidumping