• In re Emerge Energy Serv. LP

    Publication Date: 2020-01-08
    Practice Area: Bankruptcy
    Industry: Mining and Resources
    Court: U.S. Bankruptcy Court
    Judge: Judge Owens
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D68833

    Bankruptcy court determined that a plan for reorganization could be approved, but only if a third-party release provision was modified.

  • In re: Energy Future Holdings Corp.

    Publication Date: 2019-11-06
    Practice Area: Bankruptcy
    Industry: Energy
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Per Curiam
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D68760

    District court correctly affirmed the bankruptcy court's disallowance of a bondholder's proof of claim where the bondholder had sold the bonds prior to filing a proof of claim, since the buyer of the bonds became the party with the right to payment of the principal and interest on the bond.

  • In re Solutions Liquidation LLC

    Publication Date: 2019-11-06
    Practice Area: Bankruptcy
    Industry: Consulting | Technology Media and Telecom
    Court: U.S. Bankruptcy Court
    Judge: Judge Sontchi
    Attorneys: For plaintiff: Matthew P. Ward and Ericka F. Johnson, Womble Bond Dickinson (US) LLP, Wilmington, DE; David J. Stone, Brager Eagel & Squire, P.C., New York, NY for liquidation trust.
    for defendant: Marc J. Phillips and William R. Firth, III, CKR Law, LLP, Wilmington, DE for defendants Stienes, Lavenberg, Taylor and Garver. Daniel C. Kerrick and Garvan F. McDaniel, Hogan & McDaniel, Wilmington, DE for defendant Barker.

    Case Number: D68762

    An exculpation clause in a limited liability company agreement did not bar a claim for breach of the duty of care based on gross negligence.

  • In re Oldapco, Inc.

    Publication Date: 2019-11-06
    Practice Area: Bankruptcy
    Industry: Manufacturing
    Court: U.S. Bankruptcy Court
    Judge: Judge Walrath
    Attorneys: For plaintiff: Mark L. Desgrosseilliers, Chipman Brown Cicero & Cole, LLP, Wilmington, DE; Lars C. Golumbic, Groom Law Group, Wash-ington, DC for Stout Risius defendants.
    for defendant: Mark Minuti and Monique B. DiSabatino, Saul Ewing Arnstein & Lehr LLP, Wilmington, DE; Craig C. Martin, David Jimenez-Ekman, Melissa M. Root and Michael T. Graham, Jenner & Block, LLP, Chicago, IL for former directors and officers. Carl N. Kunz, III, Morris James LLP, Wilmington, DE; Michael L. Scheier, Brian P. Muething and Jacob Rhode, Keating Mue-thing & Klekamp, Cincinnati, OH for Argent Trust Co. Christine Mackintosh, Vivek Upadhya, R. Alexander Gartman and Gordon Z. Novod, Grant & Eisenhofer P.A., Wilmington, DE and New York, NY for co-trustees of Appvion Liquidating Trust.

    Case Number: D68761

    Bankruptcy court determined that it had subject matter jurisdiction to hear non-core proceedings related to this Chapter 11 matter.

  • In re: Chaparral Energy, Inc.

    Publication Date: 2019-10-09
    Practice Area: Bankruptcy
    Industry: Energy | Mining and Resources
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Mark D. Collins and John H. Knight, Richards, Layton & Finger, P.A, Wilmington, DE; Richard A. Levy, Keith A. Simon, and Christopher Harris, Latham & Watkins LLP, New York, NY for appellant.
    for defendant: Seth Niederman, William H. Stassen, and Dana S. Katz, Fox Rothschild LLP, Wilmington, DE for appellees.

    Case Number: D68728

    Bankruptcy court did not abuse discretion to apply Bankruptcy Rule 7023 where it had grounds to find that all potential class members may not have been served with notice of the bar date, that certification would not adversely affect estate administration, and that the class claim would serve a deterrent effect upon the reorganized debtor.

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  • In re: NewStarcom Holdings, Inc.

    Publication Date: 2019-09-25
    Practice Area: Bankruptcy
    Industry: Investments and Investment Advisory | Manufacturing
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D68714

    A bankruptcy trustee's claims for fraudulent transfer did not involve property of a debtor, and the trustee's motion for recon-sideration failed to demonstrate the existence of new evidence or manifest injustice.

  • In re FAH Liquidating Corp.

    Publication Date: 2019-09-18
    Practice Area: Bankruptcy
    Industry: Automotive | Manufacturing
    Court: U.S. Bankruptcy Court
    Judge: Judge Gross
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D68706

    The parties' agreement specifically covered issues regarding certain upfront payments, so the litigation trustee was not enti-tled to pursue an action for unjust enrichment.

  • In re: Old BPSUSH Inc.

    Publication Date: 2019-07-03
    Practice Area: Bankruptcy
    Industry: Accounting | Consumer Products | Legal Services
    Court: U.S. Bankruptcy Court
    Judge: Judge Carey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D68618

    Bankruptcy court determined that the work product doctrine did not prevent the liquidation trustee from receiving records relating to a law firm's pre-petition work for debtor's audit committee, except for internal firm documents.

  • In re: Energy Future Holdings Corp.

    Publication Date: 2019-07-03
    Practice Area: Bankruptcy
    Industry: Energy | Investments and Investment Advisory
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Bibas
    Attorneys: For plaintiff: GianClaudio Finizio and Neil B. Glassman, Bayard P.A., Wilmington, DE; Jeremy C. Hollembeak, Michael S. Kim, Benjamin J. Sauter and Andrew D. Wang, Kobre & Kim, New York, NY for Delaware Trust Co. Ashley R. Altschuler and R. Craig Martin, DLA Piper, Wilmington, DE
    for defendant: Thomas J. Curtin, Ellen M. Halstead, Howard R. Hawkins, Jr., Michele Maman and Mark C. Ellenberg, Cadwalader Wicker-sham & Taft, New York, NY and Washington, DC; Scott B. Czerwonka, Wilks Lukoff & Bracegirdle, Wilmington, DE for Mor-gan Stanley Capital Group Inc. George A. Davis, Latham & Watkins, New York, NY; Michael D. DeBaecke, Ashby & Geddes, Wilmington, DE; Peter M. Friedman, Jonathan Rosenberg and Daniel S. Shamah, O'Melveny & Myers, Washington, DC and New York, NY; Thomas R. Hooper and Mark D. Kotwick, Seward & Kissel, New York, NY; Joseph H. Huston, Jr., Stevens & Lee, Wilmington, DE for Wilmington Trust N.A. Mark E. Felger and Simon Fraser, Cozen O'Connor, Wilmington, DE; Hu-mayun Khalid, Thomas J. Moloney and Sean A. O'Neal, Cleary Gottlieb Steen & Hamilton, New York, NY for J. Aron & Co. Bradley R. Aronstam and Nicholas D. Mozal, Ross Aronstam & Moritz, Wilmington, DE , Adam B. Banks, Weil Gotshal & Manges, New York, NY for Titan Investment Holdings LP.

    Case Number: D68617

    Following approval of a bankruptcy plan and corporate restructuring, payments and distributions to creditors were no longer considered collateral or proceeds under the waterfall provision of an intercreditor agreement.

  • In re: Vantage Drilling Int'l

    Publication Date: 2019-07-03
    Practice Area: Bankruptcy
    Industry: Investments and Investment Advisory | Mining and Resources
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D68619

    Parties in this bankruptcy matter lacked standing to object to debtor's plan of reorganization.