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Publication Date: 2022-01-11
Practice Area: Insurance Law
Industry: Automotive | Insurance | Manufacturing
Court: U.S. Bankruptcy Court
Judge: Judge Shannon
Attorneys: For plaintiff:
for defendant:
Case Number: D69677
Adversary proceeding to determine insurer's obligation to provide coverage constituted a non-core proceeding as it only required analysis of the policy contracts rather than of the bankruptcy plan or bankruptcy law.
Publication Date: 2022-01-11
Practice Area: Energy and Natural Resources
Industry: Energy | Real Estate
Court: U.S. Bankruptcy Court
Judge: Judge Goldblatt
Attorneys: For plaintiff:
for defendant:
Case Number: D69676
Under Texas law, a contracted oil and gas operator held the status of a co-tenant with the other holders of working interests, which merely obligated the operator to pay the other tenants the value of any production on those tenants' interests minus cost of production.
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.
Publication Date: 2021-11-16
Practice Area: Bankruptcy
Industry: Construction | Real Estate
Court: U.S. Bankruptcy Court
Judge: Judge Sontchi
Attorneys: For plaintiff: Marcy J. Mclaughlin Smith, Troutman Pepper Hamilton Sanders LLP, Wilmington, DE; Gary W. Marsh, Troutman Pepper Hamilton Sanders LLP, Atlanta, GA; Brett D. Goodman, Troutman Pepper Hamilton Sanders LLP, New York, NY for debtor.
for defendant: Daniel A. O’Brien, Venable LLP, Wilmington, DE; Jeffrey S. Sabin, James E. Frankel, Gary L. Rubin, and Carol A. Weiner, Venable LLP, New York, NY for creditors.
Case Number: D69612
Involuntary bankruptcy petition dismissed as having been filed in bad faith, where petitioning creditors represented contractors holding mechanic's liens and the totality of the circumstances indicated that petitioners sought to avoid extinguishment of their claims in a related foreclosure action and instead litigate in the more favorable forum of the bankruptcy court.
Law Journal Press | Digital Book
Authors: Shari L. Klevens, Alanna G. Clair
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Publication Date: 2021-11-02
Practice Area: Bankruptcy
Industry: Consulting | Insurance
Court: U.S. Bankruptcy Court
Judge: Judge Sontchi
Attorneys: For plaintiff: Lisa Bittle Tancredi, Gebhardt & Smith LLP, Wilmington, DE for Risk & Regulatory Consulting, LLC. Mark E. Felger, Barry M. Klayman, Gregory F. Fischer, Wilmington, DE for Jeoffrey L. Burtch, Chapter 7 Trustee.
for defendant: Eric D. Schwartz, Matthew B. Harvey, Paige N. Topper, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Pater Ivancik, Alex M. Sher, Hogan Lovells US LLP New York, NY for Atalaya Capital Management LLP, Atalaya Special Opportunities Fund VII LP and Midtown Madison Management LLC.
Case Number: D69596
The court held that the Bankruptcy Code was not reverse preempted by the Texas Insurance Code because the underlying dispute was a contract dispute, but not the business of insurance.
Publication Date: 2021-10-27
Practice Area: Bankruptcy
Industry: Manufacturing
Court: U.S. Bankruptcy Court
Judge: Judge Goldblatt
Attorneys: For plaintiff:
for defendant:
Case Number: D69585
In this adversary proceeding, the court found that the litigation trustee had met his burden in pleading plausible factual al-legations to show the court had subject-matter jurisdiction over the matter, personal jurisdiction over defendant, and had pled facts sufficient to state a claim for aiding and abetting breach of fiduciary duty.
Publication Date: 2021-10-20
Practice Area: Bankruptcy
Industry: Distribution and Wholesale
Court: U.S. Bankruptcy Court
Judge: Judge Stickles
Attorneys: For plaintiff:
for defendant:
Case Number: D69581
Breach of duty and loyalty claims were not dismissed where complaint alleged sufficient facts to support inference that directors and officers failed to fully inform them of risks of acquisition transaction, and may have declined an out-of-court restructuring when they failed to obtain personal benefit in the restructuring.
Publication Date: 2021-09-29
Practice Area: Bankruptcy
Industry: Energy
Court: U.S. Bankruptcy Court
Judge: Judge Goldblatt
Attorneys: For plaintiff:
for defendant:
Case Number: D69554
The court denied a motion to stay an order confirming a plan of reorganization in bankruptcy, because the moving party failed to act promptly and did not demonstrate a likelihood of success on the merits.
Publication Date: 2021-08-25
Practice Area: Bankruptcy
Industry: Investments and Investment Advisory
Court: U.S. Bankruptcy Court
Judge: Judge Silverstein
Attorneys: For plaintiff:
for defendant:
Case Number: D69513
Certain tax distributions made by debtor were for reasonably equivalent value, so the court granted defendants' motion for summary judgment against the trustee's fraudulent transfer claims.
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