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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.
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.
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.
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.
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.
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Authors: Charles F. Herring, JR, Jason M. Panzer, Leah Turner
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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
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.
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.
Publication Date: 2021-12-28
Practice Area: Bankruptcy
Industry: Investments and Investment Advisory
Court: U.S. Bankruptcy Court
Judge: Judge Stickles
Attorneys: For plaintiff:
for defendant:
Case Number: D69654
The court held that, in this adversary proceeding, the trustee's delay in moving to amend its complaint was not undue; if the amendment was allowed, the defendant would not suffer prejudice, the motion was not brought in bad faith, and the amend-ment would relate back to the original complaint for purposes of the applicable statute of limitations.
Publication Date: 2021-12-07
Practice Area: Bankruptcy
Industry: Hospitality and Lodging
Court: U.S. Bankruptcy Court
Judge: Judge Sontchi
Attorneys: For plaintiff: Seth Van Allen, G. David Dean, Justin R. Alberto, Cole Schotz, P.C., Wilmington, DE; Luc A. Despins, Nicholas A. Basset, G. Alexander Bongartz, Paul Hastings LLP, New York, NY for plaintiff.
for defendant: Bruce W. McCullough, Bodell Bove, LLC Wilmington, DE for defendants.
Case Number: D69630
Bankruptcy court could hold adversary proceeding defendants in civil contempt for failure to comply with the court's preliminary injunction order requiring a detailed accounting and enjoining defendants from dissipating or otherwise transferring their assets, after defendants' accounting was woefully deficient and defendants expressly stated their intention to transfer funds.
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