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Publication Date: 2022-08-02
Practice Area: Bankruptcy
Industry: Construction | Manufacturing | Mining and Resources
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys: For plaintiff: Garvan F. McDaniel, Daniel K. Hogan, Hogan McDaniel, Wilmington, DE; Stephen W. Tountas, Robert W. Novick, Melissa Barahona, Kasowitz Benson Torres LLP, New York, NY for plaintiff.
for defendant: Mark E. Felger, Simon E. Fraser, Cozen O’Connor, Wilmington, DE; Karen M. Grivner, Clark Hill PLC, Wilmington, DE; Scott N. Schreiber, Michael P. Croghan, Clark Hill PLC, Chicago, IL for defendants.
Case Number: D69909
Motion for leave to appeal bankruptcy court's ruling on the applicable statute of limitations denied where resolution of the issue would not exclude most, if any, of the litigation trustee's fiduciary claims against defendants, and therefore would not materially advance the litigation.
Publication Date: 2022-07-26
Practice Area: Bankruptcy
Industry: Investments and Investment Advisory
Court: U.S. District Court of Delaware
Judge: District Judge Connolly
Attorneys: For plaintiff: Laura Davis Jones, David M. Bertenthal, Peter J. Keane, Pachulski Stang Ziehl & Jones LLP, Wilmington, DE; Patricia L. Glaser, Gali Grant, Matthew P. Bernstein, Glaser Weil Fink Howard Avchen & Shapiro LLP, Los Angeles, CA for appellants.
for defendant: Seth A. Niederman, Fox Rothschild LLP, Wilmington, DE; Gregory P. Joseph, Douglas J. Pepe, Gila S. Singer, Joseph Hage Aaronson LLC, New York, NY; Jeffrey H. Zaiger, Judd A. Lindenfeld, Zaiger LLC, Stamford, CT for appellee.
Case Number: D69895
District court accepted bankruptcy court's proposed findings of fact and conclusions of law in non-core breach of contract claim where defendant failed to cite evidence creating a genuine issue of material fact as to each of defendant's alleged breaches of a first lien credit agreement, including with respect to the measure of damages.
Publication Date: 2022-07-19
Practice Area: Bankruptcy
Industry: Chemicals and Materials | Manufacturing
Court: U.S. Bankruptcy Court
Judge: Judge Goldblatt
Attorneys: For plaintiff:
for defendant:
Case Number: D69889
Court declined to read anti-subordination clause into note agreement where the agreement permitted a supermajority of holders to release the collateral securing the note, since releasing collateral would be a much greater intrusion into noteholders' rights than subordination.
Publication Date: 2022-07-05
Practice Area: Bankruptcy
Industry: Chemicals and Materials | Energy | Manufacturing
Court: U.S. Bankruptcy Court
Judge: Judge Sontchi
Attorneys: For plaintiff: Brian E. Farnan, Michael J. Farnan, Farnan LLP, Wilmington, DE; J. Christopher Shore, White & Case LLP, New York, NY for plaintiff.
for defendant: Robert J. Deheny, Curtis S. Miller, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Corey D. Berman, Weil, Gotshal & Manges LLP, Miami, FL; John J. Kuster, Sidley Austin LLP, New York, NY; Matthew McGuire, Landis Rath & Cobb LLP, Wilmington, DE; Jeffrey A. Rosenthal, Cleary Gottlieb Steen & Hamilton LLP, New York, NY for defendants.
Case Number: D69876
Court denied parties' cross-motions on fraudulent transfer and alter ego claims where there were genuine issues of material fact regarding whether transfers could fall under definition of fraudulent transfers and whether transfers were undertaken for legitimate purposes.
Publication Date: 2022-07-05
Practice Area: Bankruptcy
Industry: Retail
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Ambro
Attorneys: For plaintiff:
for defendant:
Case Number: D69874
Adversary complaint by class of judgment creditors to equitably subordinate secured claim of debtors' parent company dismissed where class failed to allege facts permitting a reasonable inference of inequitable conduct on the part of the parent.
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Publication Date: 2022-06-28
Practice Area: Bankruptcy
Industry: Health Care
Court: U.S. Bankruptcy Court
Judge: Judge Walrath
Attorneys: For plaintiff:
for defendant:
Case Number: D69865
Claim for avoidance of preferential transfers was not dismissed where debtors had adequately identified transfers eligible for avoidance and also alleged diligent investigation into the eligibility of such transfer for avoidance and the possibility of defenses that could be raised against avoidance.
Publication Date: 2022-06-21
Practice Area: Bankruptcy
Industry: Financial Services and Banking
Court: U.S. Bankruptcy Court
Judge: Judge Shannon
Attorneys: For plaintiff: John P. Lane, Jr., Berwyn, PA, pro se plaintiff.
for defendant: Ricardo Palacio, Ashby & Geddes, P.A., Wilmington, DE, attorney for trustee.
Case Number: D69861
Perfected security interest did not cover proceeds from commercial tort litigation where the proceeds were acquired after the security interest was established and where the interest only included a general claim to the intangible property of the debtor.
Publication Date: 2022-04-26
Practice Area: Bankruptcy
Industry: Investments and Investment Advisory
Court: U.S. Court of Appeals for the Third Circuit
Judge: Per Curiam
Attorneys: For plaintiff:
for defendant:
Case Number: D69793
Shareholder's appeal of Chapter 11 plan denied where equity holders lacked standing where debtor would not have any assets for equity holders after satisfying claims of its creditors.
Publication Date: 2022-04-19
Practice Area: Bankruptcy
Industry: Energy
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys: For plaintiff: Edmon L. Morton, Matthew B. Lunn, Ashley E. Jacobs, Jared W. Kochenash, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Paul V. Shalhoub, Todd G. Cosenza, Charles D. Cording, Ciara A. Copell, Willkie Farr & Gallagher LLP, New York, NY for appellant.
for defendant: Francis G.X. Pileggi, Cheneise V. Wright, Lewis Brisbois Bisgaard & Smith LLP, Wilmington, DE; Vincent F. Alexander, Lewis Brisbois Bisgaard & Smith LLP, Fort Lauderdale, FL; Andrew Bluth, Lewis Brisbois Bisgaard & Smith LLP, Sacramento, CA for appellees.
Case Number: D69786
Bankruptcy court did not abuse discretion in sua sponte invoking the permissive abstention doctrine to adjudicate claim objections where doing so would not materially affect administration of the bankruptcy estate and the claim objections largely sought to adjudicate the merits of an underlying litigation that involved the rights of other parties not involved in the bankruptcy proceeding.
Publication Date: 2022-04-12
Practice Area: Bankruptcy
Industry: Pharmaceuticals | State and Local Government
Court: U.S. District Court of Delaware
Judge: District Judge Stark
Attorneys: For plaintiff:
for defendant:
Case Number: D69780
Bankruptcy court properly authorized debtors' payment of professional fees incurred under a restructuring support agreement where payment of the fees advanced debtors' interests by facilitating resolution of legal claims against debtors and its Chapter 11 restructuring.
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