• In re Ryckman Creek Resources, LLC

    Publication Date: 2018-09-12
    Practice Area: Bankruptcy | Corporate Entities | Deals and Transactions
    Industry: Energy
    Court: U.S. Bankruptcy Court
    Judge: Judge Carey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D68281

    By providing notice of exercise of a call option, a party bound was bound to the minimum floor price provided in an unambiguous agreement.

  • Miller v. Bear Stearns & Co., Inc.

    Publication Date: 2018-08-29
    Practice Area: Bankruptcy
    Industry: Financial Services and Banking
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: John T. Carroll, Barry M. Klayman, Steven M. Coren, David M. DeVito for appellant
    for defendant: William P. Bowden, Karen B. Skomorucha Owens, Andrew W. Stern, James O. Heyworth and Francesca E. Brody for appellees.

    Case Number: D68267

    A creditor's auction of securities complied with the bankruptcy code, and limitations contained in a safe har-bor provision did not apply to this matter because the creditor did not seek damages.

  • In re Energy Future Holdings Corp.

    Publication Date: 2018-08-22
    Practice Area: Bankruptcy | Civil Appeals | Creditors' and Debtors' Rights
    Industry: Energy
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Ambro
    Attorneys: For plaintiff: Philip D. Anker, George W. Shuster, Jr., Benjamin W. Loveland, Adam G. Landis and Matthew B. McGuire for appellants
    for defendant: Michael D. DeBaecke, Mark D. Kotwick, Bradley R. Aronstam, Nicholas D. Mozal, Benjamin J. Schladweiler, George A. Davis, Jonathan Rosenberg, Daniel S. Shamah, Andrew Sorkin and Peter M. Friedman for appellees; Neil B. Glassman and Michael S. Kim for amicus curiae in support of appellants.

    Case Number: D68258

    Appellants were not entitled to a distribution because they did not qualify for any priority treatment under the waterfall provisions of an inter-creditor agreement.

  • In re Calrissian LP

    Publication Date: 2018-08-22
    Practice Area: Bankruptcy
    Industry: Entertainment and Leisure
    Court: U.S. Bankruptcy Court
    Judge: Judge Gross
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D68259

    Bankruptcy court determined that a chapter 11 proceeding should be converted to one under chapter 7, rather than being dismissed.

  • In re: Patriot Nat'l Inc.

    Publication Date: 2018-08-22
    Practice Area: Bankruptcy | Contracts | Trade Secrets
    Industry:
    Court: U.S. Bankruptcy Court
    Judge: Judge Gross
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D68255

    Motion to dismiss bankruptcy adversary complaint denied where debtor alleged affirmative post-petition act by defendants involving their continuous use of debtors' proprietary information to steal debtor's employees and customers.

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  • In re Paragon Offshore PLC

    Publication Date: 2018-08-22
    Practice Area: Bankruptcy
    Industry:
    Court: U.S. Bankruptcy Court
    Judge: Judge Sontchi
    Attorneys: For plaintiff: Anthony W. Clark, Stephen J. Della Penna, George A. Zimmerman, Lauren E Aguiar and Wallis M. Hampton for defendants
    for defendant: Pauline K. Morgan, Joel A. Waite, Jaime Luton Chapman, Michael S. Neiburg, Bruce Bennett, James O. Johnston, Gregory M. Shumaker, David S. Torborg, Jennifer L. Del Medico and Genna L. Ghaul for Paragon Litigation Trust.

    Case Number: D68260

    The bankruptcy court compelled arbitration as to an unjust enrichment claim, but denied the motion as to other claims involving defendants who were not parties to the agreement containing the arbitration clause.

  • FBI Wind Down, Inc. Liquidating Trust v. Heritage Home Group, LLC

    Publication Date: 2018-08-08
    Practice Area: Bankruptcy
    Industry: Real Estate
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Fuentes
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D68241

    The parties' sale agreement provided that only disputed items were required to be submitted to an arbitrator, so questions of contract interpretation were for the bankruptcy court to decide.

  • In re Syntax-Brillian Corp.

    Publication Date: 2018-08-01
    Practice Area: Bankruptcy
    Industry: Electronics
    Court: U.S. Bankruptcy Court
    Judge: Judge Carey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D68234

    The court granted a motion by the trustee for a final decree which established a litigation reserve, barred shareholders from filing suit without the court's authorization, and allowed the destruction of certain documents.

  • Haggen Holdings, LLC v. Antone Corp.

    Publication Date: 2018-08-01
    Practice Area: Bankruptcy
    Industry: Real Estate
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Cowen
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D68233

    A landlord was not entitled to enforce a profit sharing provision in connection with the assignment of a com-mercial lease, because enforcement of this anti-assignment provision was precluded by the bankruptcy code.

  • In re: PennySaver USA Publ'g, LLC

    Publication Date: 2018-07-25
    Practice Area: Bankruptcy
    Industry: Advertising
    Court: U.S. Bankruptcy Court
    Judge: Judge Sontchi
    Attorneys: For plaintiff: Stephen E. Jenkins and Ricardo Palacio, Ashby & Geddes, P.A., Wilmington, DE, attorneys for trustee
    for defendant: Craig Martin, DLA Piper LLP, Wilmington, DE; Jeffrey A. Rosenfeld, Alston & Bird LLP, Los Angeles, CA, attorneys for defendant.

    Case Number: D68223

    Fraudulent transfer claims sustained where bankruptcy trustee sufficiently pled constructive fraud by alleging transfer was made for no consideration, and sufficiently pled actual fraud by also alleging that defendants were insolvent and debtors were made to transfer more than they could afford.