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Summary (MSJ):
The Liquidating Trustee sought judgment on his claims for breach of contract, breach of the implied covenant of good faith and fair dealing, and unfair or deceptive acts or practices against Moses H. Cone Memorial Hospital Operating Corporation ("Cone Health), with both parties seeking summary judgment.
Ranging over 76 pages, the bankruptcy court opinion regarding the numerous causes of action variously granted or denied the parties' Motions for Summary Judgment, with specific order also attached.
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Summary:
National Judgment Recovery ("NJR") brought an action to determine that the $93,159.71 fraudulent conveyance judgment against Tyndall, as a "net winner" in the ZeekRewards pyramid scheme case, was nondischargeable under 11 U.S.C. § 523(a)(2)(A) as actual fraud.
Summary:
Following the appointment of a Receiver under the North Carolina Commercial Receivership Act, N.C.G.S. § 507.20 et seq., to conduct an orderly liquidation process of Mafic, the Receiver objected to several proofs of claims. The North Carolina Business Court turned to Bankruptcy Code for guidance regarding the burden of proof necessary to determine the reasonableness or validity of a claim accepted or rejected by a Receiver.
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The Chapter 11 debtor, through its manager, Smith, brought several actions against insiders and "persons closely allied with those insiders" for recovery of prepetition transfers. During discovery against O'Haro, which was "plagued by unsubstantiated 'narrative' defenses", over the course of the case Smith filed two Motions to Compel against O'Haro. During her first deposition, O'Haro invoked her Fifth Amendmnet right against self-incrimination, as a criminal investigation related to this business was underway.
Summary:
The bankruptcy court denied a motion to dismiss two chapter 11 cases, which had employed the infamous 'Texas Two Step" to address (avoid? skirt?) liability for asbestos mass torts claims, holding that :