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  • In re: Se. Grocers, LLC

    Publication Date: 2018-09-19
    Practice Area: Bankruptcy
    Industry: Real Estate
    Court: U.S. Bankruptcy Court
    Judge: Judge Walrath
    Attorneys: For plaintiff: Brett Hayward, Daniel J. DeFranceschi, Paul N. Heath, and Amanda R. Steele, Richards, Layton & Finger, P.A., Wilmington, DE; Ray C. Schrock, Matthew S. Barr, John P. Mastando III, and Sunny Singh, Weil, Gotshal & Manges, LLP, New York, NY; Matthre R. Chait and Sean M. Smith, Shutts & Bowen LLP, West Palm Beach, FL, attorneys for debtors
    for defendant: Frank E. Noyes, II, Wilmington, DE; Joyce A. Kuhns, Offit Kurman, P.A., Baltimore, MD, attorneys for objector.
    Case Number: D68288

    Gross sales for calculation of percentage rent included gross revenues generated by ancillary services offered through the store where such services fell within the broad definition of good and services included under gross sales.

  • RCS Creditor Trust v. Schulte Roth & Zabel LLP

    Publication Date: 2018-05-30
    Practice Area: Bankruptcy
    Industry: Legal Services
    Court: U.S. Bankruptcy Court
    Judge: Judge Walrath
    Attorneys: For plaintiff: Ronald S. Gellert, Joseph L. Steinfeld, Kara E. Casteel, Bethany J. Rubis and Edward E. Neiger for RCS Creditor Trust
    for defendant: Adam G. Landis, James S. Green, Jr. and Michael L. Cook, for Schulte Roth & Zabel.
    Case Number: D68162

    After weighing the factors regarding transfer of this proceeding for avoidance of pre-petition transfers, the court concluded that the case should remain in the district where the underlying bankruptcy case was filed.

  • In re Amcad Holdings, LLC

    Publication Date: 2017-12-20
    Practice Area: Bankruptcy | Creditors' and Debtors' Rights
    Industry: Software
    Court: U.S. Bankruptcy Court
    Judge: Judge Walrath
    Attorneys: For plaintiff: John T. Carroll, III, Keith L. Kleinman, Paul K. Leary, Jr. and Arthur Fritzinger for defendant
    for defendant: Jeffrey R. Waxman, Brenna A. Dolphin, Robert M. Stefancin and M. Colette Gibbons for liquidating trustee.
    Case Number: D67977

    Liquidating trustee alleged sufficient facts in support of the fraudulent transfer claims to indicate debtor was insolvent and defendant was an insider.

  • In re TSAWD Holdings, Inc

    Publication Date: 2017-10-11
    Practice Area: Bankruptcy
    Industry: Aerospace | Retail
    Court: U.S. Bankruptcy Court
    Judge: Judge Walrath
    Attorneys: For plaintiff: Andrew L. Magaziner and Robert A. Klyman for debtors; Ayesha C. Bennett and Jason M. Torf for O2Cool, LLC; Richard G. Placey and Rick Aaron Steinberg for OOCL (USA), Inc.
    for defendant: Robert J. Dehney, Gregory W. Werkheiser, Daniel B. Butz, Robert J. Stark, William R. Baldiga and May Orenstein for Wil-mington Savings Fund Society; Gregory A. Taylor, Benjamin W. Keenan, Donald E. Rothman and Paul S. Samson for Bank of America; Andrew M. Dean, Mark D. Collins, Kevin J. Simard and Douglas R. Gooding for Wells Fargo Bank.
    Case Number: D67899

    Bankruptcy court determined that a stop shipment notice received from one who was not a consignor was ineffective, and the goods became property of the debtors bankruptcy estate. Motion for summary judgment granted.