• In re Cred Inc.

    Publication Date: 2023-03-21
    Practice Area: Bankruptcy
    Industry: Financial Services and Banking | E-Commerce
    Court: U.S. Bankruptcy Court
    Judge: Judge Goldblatt
    Attorneys: For plaintiff: N/a
    for defendant: N/a

    Case Number: 20-12836 (JTD)

    The court granted debtors' trustees' request to clarify a previous court order indicating that the trust may acquire third-party claims in instances involving separate litigation claims. Although defendant corporation argued that the trustees lacked standing to bring the claims, the court disagreed and noted that because the trustees were post-confirmation entities, they did not need to seek the bankruptcy court's approval prior to filing an action.

  • Church v. Harmon

    Publication Date: 2023-03-14
    Practice Area: Real Estate
    Industry: Financial Services and Banking | Real Estate
    Court: Delaware Superior Court
    Judge: Judge Jones
    Attorneys: For plaintiff: David E. Matlusky, The Matlusky Firm, Wilmington, DE for plaintiff.
    for defendant: Evan Rassman, Emily Letcher, Cohen Seglias, Palias, Greenhall & Furman, P.C., for defendants.

    Case Number: N22C-08-453 FJJ

    The court denied a motion to dismiss a claim for waste on the grounds that plaintiff's claims sufficiently laid out a claim for waste on the grounds that plaintiff sufficiently pled that a mortgage encumbered a property that he had a certain future interest in and therefore his claims fell squarely within the jurisdiction of the superior court.

  • PVP Aston, LLC v. U.S. Bank Nat'l Ass'n

    Publication Date: 2023-02-07
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking | Insurance | Real Estate
    Court: Delaware Superior Court
    Judge: Judge LeGrow
    Attorneys: For plaintiff: Michael L. Vild, Christopher P. Simon, Cross & Simon, LLC, Wilmington, DE for plaintiffs.
    for defendant: Robert A. Penza, Christina B. Vavala, Polsinelli PC, Wilmington, DE: Llynn K. White, Polsinelli PC, St. Louis, MO; John A. Sensing, Carson R. Bartlett, Potter Anderson & Corroon LLP, Wilmington, DE; Chad S.C. Stover, Barnes & Thornburg LLP, Wilmington, DE for defendants.

    Case Number: N22C-03-103 AML CCLD

    Plaintiffs were not entitled to declaratory judgment on their breach of contract and quiet title claims where their proffered interpretation of their contracts with their lenders and mortgage insurers were unreasonable as it would effectively absolve plaintiffs from their obligation to make their final balloon loan payment.

  • In re Peck

    Publication Date: 2023-01-31
    Practice Area: Bankruptcy
    Industry: Financial Services and Banking | Real Estate
    Court: U.S. Bankruptcy Court
    Judge: Judge Shannon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-11161 (BLS)

    The court overruled the creditor's objections to a debtor's Chapter 13 plan on the basis that they disagreed as to the classification of his real property which further included a mobile home.

  • Town Sports Int'l LLC v. Kennedy Lewis Partners Master Fund LP

    Publication Date: 2023-01-24
    Practice Area: Bankruptcy | Contracts
    Industry: Financial Services and Banking
    Court: U.S. Bankruptcy Court
    Judge: Judge Goldblatt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-12168 (CTG)

    The court granted defendants' motion for summary judgment to dismiss plaintiff's breach of contract claims.

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  • Ainslie v. Fitzgerald

    Publication Date: 2023-01-17
    Practice Area: Contracts
    Industry: Financial Services and Banking | Investments and Investment Advisory
    Court: Delaware Superior Court
    Judge: Judge Zurn
    Attorneys: For plaintiff: Blake A. Bennett, Cooch & Taylor P.A., Wilmington, DE; Joseph Delich, Alex Potter, Kevin Goode, Freedman Nordmand Friedland LLP, New York, NY; Kyle Roche, Kyle Roche, P.A., New York, NY for plaintiffs.
    for defendant: C. Barr Flinn, Paul J. Loughman, Alberto E. Chávez, Skyler A. Speed, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; David A. Paul, Cantor Fitzgerald, New York, NY for defendant.

    Case Number: 9436-VCZ

    The court granted in part and denied in part parties' cross-motions for summary judgment regarding the appropriateness of penalties arising out of a partnership's restrictive covenants.

  • State ex rel. Rogers v. The Bancorp Bank

    Publication Date: 2023-01-17
    Practice Area: Business Torts
    Industry: Financial Services and Banking | Legal Services
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: Daniel C. Mulveny, Oliver Cleary, Deputy Attorneys General, State of Delaware Dep’t of Justice, Wilmington, DE; Bruce E. Jameson, Samuel L. Closic, Mary S. Thomas, Prickett, Jones & Elliott, P.A., Wilmington, DE; David Brackett, Benjamin E. Fox, John E. Floyd, Bondurant, Mixson & Elmore, LLP, Atlanta, GA for plaintiffs.
    for defendant: Catherine A. Gaul, Randall J. Teti, Ashby & Geddes, Wilmington, DE; Joshua A. Goldberg, Jane Metcalf, Clinton W. Morrison, Christina Sedca-Acosta, Patterson Belknap Webb & Tyler LLP; Jody C. Barillare, Morgan, Lewis & Bockius LLP, Wilmington, DE; Eric W. Sitarchuk, Ezra D. Church, Ryan P. McCarthy, Morgan, Lewis & Bockius LLP, Philadelphia, PA for defendants.

    Case Number: N18C-29-240 PRW CCLD

    Qui tam relator's counsel's failure to set up ethical screens or disclose his knowledge of defendant's attorney-client materials requires disqualification and shifting of costs onto counsel.

  • In re: NNN 400 Capitol Center 16 LLC

    Publication Date: 2023-01-10
    Practice Area: Bankruptcy
    Industry: Financial Services and Banking | Legal Services | Real Estate
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Ambro
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-3013

    The court affirmed the District Court's ruling affirming the Bankruptcy Court's decision to disqualify counsel and order fees disgorged.

  • Hillblom v. Wilmington Trust Co.

    Publication Date: 2022-12-27
    Practice Area: Trusts and Estates
    Industry: Financial Services and Banking
    Court: Court of Chancery
    Judge: Vice Chancellor Zurn
    Attorneys: For plaintiff: Paul D. Brown, Elliott Covert, Chipman Brown Cicero & Cole, LLP, Wilmington, DE; David Z. Ribakoff, Ribakoff Law Firm, Los Angeles, CA for plaintiff.
    for defendant: Benjamin P. Chapple, Reed Smith LLP, Wilmington, DE; John M. McIntyre, Porter Wright Morris & Arthur LLP, Pittsburgh,PA for defendant.

    Case Number: 2021-1034-MTZ

    The court denied defendant trustee's motion to dismiss breach of fiduciary duty and trust claims.

  • In re: Veale

    Publication Date: 2022-11-08
    Practice Area: Bankruptcy
    Industry: Financial Services and Banking | Health Care
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Sean A. Meluney, Matthew D. Beebe, Benesch, Friedlander, Coplan & Aronoff LLP, Wilmington, DE for appellant.
    for defendant: Peter K. Schaeffer, Jr., Avenue Law, Dover, DE for appellee.

    Case Number: 21-10418-BLS

    Creditor's complaint seeking to declare personal guaranty nondischargeable in bankruptcy dismissed where creditor failed to allege facts to support that borrower or guarantor intentionally made misrepresentations concerning the state of borrower's business or guarantor's individual financial situation.