• In re: BYJU's Alpha, Inc.

    Publication Date: 2024-04-15
    Practice Area: Bankruptcy
    Industry: Education | Technology Media and Telecom
    Court: U.S. Bankruptcy Court
    Judge: Judge Dorsey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 24-10140 (JTD)

    Court could issue preliminary injunctive relief to freeze funds at issue in a fraudulent transfer claim where state law authorized prejudgment attachment and equitable claims also provided a basis to issue preliminary equitable relief.

  • In re: SC SJ Holdings, LLC

    Publication Date: 2024-04-08
    Practice Area: Bankruptcy
    Industry: Hospitality and Lodging | Legal Services | Real Estate
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Rendell
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 23-1731

    Bankruptcy court correctly rejected debtors' motion to modify their reorganization plan to obtain relief from a release of legal malpractice claims against their bankruptcy counsel where the motion was filed after debtors had substantially consummated the plan.

  • In re: Cupples

    Publication Date: 2024-04-01
    Practice Area: Bankruptcy
    Industry:
    Court: U.S. Bankruptcy Court
    Judge: Judge Shannon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-10741 (BLS)

    Court dismissed bankruptcy petition that appeared to be filed solely to avoid liability on a large judgment entered for damages caused by debtors' misconduct.

  • In re: Town Sports Int'l

    Publication Date: 2024-03-11
    Practice Area: Bankruptcy
    Industry:
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Ramon Moreno-Cuevas, Hartford, CT, pro se appellant.
    for defendant: Robert S. Brady, Sean T. Greecher, Allison S. Mielke, Timothy R. Powell, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE for appellee.

    Case Number: 23-472 (MN) MEMORANDUM OPINION

    Court declined to stay order confirming bankruptcy court's denial of relief from plan injunction where appellant failed to demonstrate a likelihood of success on appeal or show how the court's order altered the status quo.

  • In re: Stimwave Tech. Inc.

    Publication Date: 2024-03-04
    Practice Area: Bankruptcy
    Industry: Health Care | Manufacturing
    Court: U.S. Bankruptcy Court
    Judge: Judge Horan
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-10541 (TMH)

    Court required pro se litigants to submit filings for court screening as a sanction for litigants' abusive litigation conduct in the form of repeated meritless pleadings and filings.

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

    View this Book

    View more book results for the query "*"

  • In re: Ursa Operating Co., LLC

    Publication Date: 2024-02-05
    Practice Area: Bankruptcy
    Industry: Energy
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Porter
    Attorneys: For plaintiff: George A. Barton, Barton and Burrows, LLC, Mission, KS for appellants.
    for defendant: Duston K. McFaul, Maegan Quejada, Sidley Austin LLP, Houston, TX; Robert S. Velevis, Sidley Austin LLP, Dallas, TX; Robert S. Brady, Edmon L. Morton, Kenneth J. Enos, Joseph M. Mulvihill, Young Conaway Stargatt & Taylor, Wilmington, DE; Ana Alfonso, Willkie Farr & Gallagher, New York, NY; John H. Knight, Amanda R. Steele, Richards Layton & Finger, Wilmington, DE for appellees.

    Case Number: 22-1729

    Lower courts erroneously dismissed adversary complaint of property owners to recover improperly withheld oil and gas royalties where property owners, not extractor, had an equitable interest in the funds, and thus a constructive trust was an appropriate mechanism for relief.

  • In re: Veale

    Publication Date: 2024-02-05
    Practice Area: Bankruptcy
    Industry: Financial Services and Banking
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge McKee
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-3212

    Court affirmed dismissal of adversary complaint by creditor where there was no evidence supporting a claim of non-dischargeability of a personal guarantee of a business loan.

  • In re: Mallinckrodt PLC

    Publication Date: 2024-01-29
    Practice Area: Bankruptcy
    Industry: Manufacturing | Pharmaceuticals
    Court: U.S. Bankruptcy Court
    Judge: Judge Dorsey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-12522 (JTD)

    Court rejected invocation of securities safe harbor provision to dismiss fraudulent transfer claims where defendant did not qualify as a financial participant in the transaction as defined by the provision.

  • In re: AMC Investors, LLC

    Publication Date: 2024-01-29
    Practice Area: Bankruptcy
    Industry: Electronics | Investments and Investment Advisory | Technology Media and Telecom
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Mark D. Collins, Marcos A. Ramos, Cory Kandestin, Richards, Layton & Finger, P.A., Wilmington, DE; Mitchell A. Karlan, Paul J. Kremer, Gibson, Dunn & Crutcher LLP for appellants.
    for defendant: Curtis Miller, Daniel B. Butz, Jonathan M. Weyland, Morris Nichols, Arsht & Tunnell LLP, Wilmington, DE; James A. Bombulie, Dustin B. Hillsley, Akerman, LLP, Miami, FL; Brian P. Miller, King & Spalding LLP, Miami, FL for appellees.

    Case Number: 22-179-RGA

    Statute of limitations barred adversary complaints filed on behalf of debtors by their creditor where creditor's prior lawsuit against debtors based on the same factual predicate put debtors on notice of the claims raised in the adversary proceeding.

  • In re: First Guaranty Mortgage Corp.

    Publication Date: 2024-01-08
    Practice Area: Bankruptcy
    Industry: Financial Services and Banking
    Court: U.S. Bankruptcy Court
    Judge: Judge Goldblatt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-10584 (CTG)

    Aiding in the making of false statements against the federal government was a claim belonging to the government under the False Claims Act and thus was not released by debtors' third-party release in their reorganization plan.