• In re Tonopah Solar Energy, LLC

    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.

  • In re Mallinckrodt PLC

    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.

  • In re Ne. Gas Generation LLC

    Publication Date: 2022-04-05
    Practice Area: Bankruptcy
    Industry: Energy
    Court: U.S. Bankruptcy Court
    Judge: Judge Walrath
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D69769

    The court denied as contrary to the express terms of the plan the request to reopen the bankruptcy case for the purpose of reconsidering the allowed amount of the First Lien Claims and modifying their treatment under the confirmed and consummated Plan.

  • In re Delloso

    Publication Date: 2022-04-05
    Practice Area: Bankruptcy
    Industry: Construction
    Court: U.S. Bankruptcy Court
    Judge: Judge Goldblatt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D69767

    The court denied creditor's request to reopen the bankruptcy case because it was clear that the creditor was not entitled to the relief it sought.

  • In re Art Van Furniture LLC

    Publication Date: 2022-04-05
    Practice Area: Bankruptcy
    Industry: Retail
    Court: U.S. Bankruptcy Court
    Judge: Judge Sontchi
    Attorneys: For plaintiff: Michael J. Joyce Joyce LLC, Wilmington, DE for plaintiffs.
    for defendant: Bradford J. Sandler, Beth Levine, Colin R. Robinson, Peter J. Keane, Pachulski Stang Ziehl & Jones LLP for Chapter 7 Trustee

    Case Number: D69766

    The court found that debtor owner and liquidators of a furniture company were not required to provide the 60-day Federal Worker Adjustment and Retraining Notification Act notice because the imposition of various government orders due to the coronavirus outbreak and the outbreak itself constituted an unforeseeable business circumstance and natural disaster that exempted the debtor from the WARN Act.

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    Florida Evidence and Procedure 2019

    Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez

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  • In Re: NNN 400 Capitol Ctr. 16 LLC

    Publication Date: 2022-04-05
    Practice Area: Bankruptcy
    Industry: Legal Services | Real Estate
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D69771

    Bankruptcy court did not err in issuing a contempt order based on appellant's failure to comply with an order for the disgorgement of fees, where the bankruptcy court had not impermissibly expanded the scope or nature of appellant's status as a fictitious entity, as appellant had previously represented itself as one.

  • In re Maxus Energy Corp.

    Publication Date: 2022-04-05
    Practice Area: Bankruptcy
    Industry: Consulting | Energy | Insurance
    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, New York, NY for the Liquidating Trust.
    for defendant: Marc J. Phillips, Montgomery McCracken Walker & Rhodes LLP, Wilmington, DE; Edward L. Schnitzer, New York, NY for Arcina Risk Group, LLC.

    Case Number: D69768

    The court held that creditor Arcina did not establish that its failure to file a timely proof of claim was the result of excusable neglect.

  • Healthcare Real Estate Partners, LLC v. Summit Healthcare REIT, Inc.

    Publication Date: 2022-03-08
    Practice Area: Bankruptcy
    Industry: Health Care | Real Estate
    Court: U.S. Bankruptcy Court
    Judge: Judge Goldblatt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D69737

    The court deferred ruling on the motion to dismiss on the pleadings because there was a dispute among federal appellate districts as to whether a corporations qualified as an individual under § 362(k) of the U.S. Bankruptcy Code. Additionally, the court refused to dismiss plaintiffs' claim for declaratory judgment until evidence was taken. Finally, the court held it did not have jurisdiction to hear three state-law counterclaims because they were filed after the bankruptcy case was dismissed. Motion to dismiss denied in part, granted

  • In Re: AMC Investors, LLC

    Publication Date: 2022-02-08
    Practice Area: Bankruptcy
    Industry: Investments and Investment Advisory
    Court: U.S. Bankruptcy Court
    Judge: Judge Sontchi
    Attorneys: For plaintiff: Mark D. Collins, Marcos A. Ramos, Cory D. Kandstein, Richards, Layton & Finger, P.A., Wilmington, DE; Mitchell A. Karlan, Gibson, Dunn & Crutcher LLP, New York, NY for plaintiff.
    for defendant: Curtis S. Miller, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Brian P. Miller, Samantha J. Kavanaugh, James A. Bombulie, Akerman LLP, Miami, FL for defendants.

    Case Number: D69704

    Breach of fiduciary duty claims were untimely where plaintiffs were on notice of the claims over a decade prior as the same claims had been asserted against several of the plaintiffs in a related action.

  • In re: The Art Inst. of Philadelphia LLC

    Publication Date: 2022-02-01
    Practice Area: Bankruptcy
    Industry: Education
    Court: U.S. Bankruptcy Court
    Judge: Judge Goldblatt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D69701

    Director/officer breach of fiduciary duty claims dismissed to the extent those claims were based on allegedly unlawful conduct that occurred outside of the statute of limitations period prior to the filing of debtor's bankruptcy petition.