• 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.

  • In Re Venoco, LLC

    Publication Date: 2023-12-25
    Practice Area: Bankruptcy
    Industry: Energy | State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: Robert J. Dehney, Andrew R. Remming, Matthew O. Talmo, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Warren W. Harris, Nancy McEvily Davis, Stephani A. Michel, Bracewell LLP, Houston, TX for appellant.
    for defendant: Rob Bonta, Christina Bull Arndt, Office of the California Attorney General, Los Angeles, CA; Edward K. Black, Delaware Department of Justice, Wilmington, DE; David M. Fournier, Kenneth A. Listwak, Troutman Pepper Hamilton Sanders LLP, Wilmington, DE; Steven S. Rosenthal, Marc S. Cohen, J.D. Taliaferro, Alicia M. Clough, Loeb & Loeb LLP, Los Angeles, CA for appellee.

    Case Number: 17-10828 (JTD)

    Adversary proceeding asserting inverse condemnation claim failed where state government seized possession of facility necessary to prevent dangerous environmental contamination when owner ran out of funds to operate the facility.

  • In re: Ursa Operating Co., LLC

    Publication Date: 2023-12-18
    Practice Area: Bankruptcy
    Industry: Energy | Mining and Resources
    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 LLP. Wilmington, Delaware; Ana Alfonso, Willkie Farr & Gallagher LLP, New York, NY; John H. Knight, Amanda R. Steele, Richards Layton & Finger, Wilmington, DE for appellees.

    Case Number: 22-1729

    Wrongfully retained mineral royalties were not part of a debtor's estate where applicable state law granted lessors a property interest proceeds, meaning debtor had no equitable interest in the funds.

  • In re: Boy Scouts of Am.

    Publication Date: 2023-12-18
    Practice Area: Bankruptcy
    Industry: Legal Services
    Court: U.S. Bankruptcy Court
    Judge: Judge Silverstein
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-10343 (LSS)

    Court denied ad hoc claimant committee's request for reimbursement of professional fees from the bankruptcy estate where its work appeared duplicative of the work performed by the estate and official committee of claimants and was contrary to facilitating resolution of an official committee's internal disputes.

  • In re: Apex Brittany MO, LP

    Publication Date: 2023-12-11
    Practice Area: Bankruptcy
    Industry: Hospitality and Lodging | Real Estate
    Court: U.S. Bankruptcy Court
    Judge: Judge Goldblatt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 23-11463 (CTG)

    Court granted motion to dismiss debtor's bankruptcy petition where a receivership order entered by another district court stripped debtor of the authority to file a petition, since debtor could not launch a collateral attack on the merits of the district court's order or its jurisdiction.

  • Law Journal Press | Digital Book

    New Jersey Estate Litigation 2014

    Authors: Michael R. Griffinger, Paul F. Cullum III

    View this Book

    View more book results for the query "*"

  • In re: Essar Steel Minnesota LLC

    Publication Date: 2023-11-20
    Practice Area: Bankruptcy
    Industry: Manufacturing | Mining and Resources
    Court: U.S. Bankruptcy Court
    Judge: Judge Goldblatt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 16-11626 (CTG)

    Although Third Circuit precedent entitled litigant to unseal motion and attach documents pursuant to the public right of access to judicial records, the court certified the case for direct appeal to the Third Circuit to evaluate opposing party's contention that litigant had improper purposes for the motion to unseal.

  • In re: AmeriFirst Fin., Inc.

    Publication Date: 2023-11-06
    Practice Area: Bankruptcy
    Industry: Financial Services and Banking
    Court: U.S. Bankruptcy Court
    Judge: Judge Horan
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 23-11240 (TMH)

    Court denied motion to transfer venue where there was no indication debtors had attempted to "manufacture" venue and transfer would not facilitate the efficient resolution of the case.

  • In Re: CCX, Inc., Debtor

    Publication Date: 2023-10-02
    Practice Area: Bankruptcy
    Industry: Manufacturing
    Court: U.S. District Court of Delaware
    Judge: District Judge Williams
    Attorneys: For plaintiff: Susan E. Kaufman, Law Office of Susan E. Kaufman, LLC, Wilmington, DE; Nathan Kilbert, Assistant General Counsel, United Steel Workers, Pittsburgh, PA; Richard M. Seltzer, Melissa S. Woods, Sommer Omar, Cohen, Weiss and Simon LLP, New York, NY for appellant.
    for defendant: B. Nelson Sproat, Blank Rome LLP, Wilmington, DE; Andrew Herman, John Lucian, Blank Rome LLP, Philadelphia, PA for appellee.

    Case Number: 22-10252 (JTD)

    Relying on the general principle that, notwithstanding a bankruptcy court's authority to extinguish liabilities incurred prior to the sale of the debtor's assets, the court cannot insulate a purchaser from liability for claims arising after the sale due to the purchaser's conduct, the court concluded that appellee's status as a successor to debtor's business was determined by its post-sale conduct in hiring a majority of its workforce from the predecessor and maintaining substantial continuity in business operations.

  • In re: Furniture Factory Ultimate Holding, L.P

    Publication Date: 2023-09-11
    Practice Area: Bankruptcy
    Industry: Consulting | Investments and Investment Advisory | Retail
    Court: U.S. Bankruptcy Court
    Judge: Judge Stickles
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-12816(JKS)

    The court denied motions to dismiss counts alleging breach of fiduciary duties, aiding and abetting breach of fiduciary duties, recharacterization of debt to equity, and equitable subordination arising from defendants' control of debtor that led to its bankruptcy.

  • In re Abeinsa Holdings, Inc.

    Publication Date: 2023-09-11
    Practice Area: Bankruptcy
    Industry: Financial Services and Banking | Construction | Energy
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: Robert J. Denhey, Andrew R. Remming, Matthew 0. Talmo, Morris Nichols Arsht & Tunnell LLP, Wilmington, DE; David Dunn, Allison Wuertz, Hogan Lovells US LLP, New York, NY for appellant.
    for defendant: Brian A. Sullivan, Werb & Sullivan, Wilmington, DE; Don Fogel, Fogel & McEvily, LLC, Houston, TX for appellee.

    Case Number: 22-1371-CFC

    Bankruptcy court correctly dismissed statutory disgorgement and turnover claims against assignee of unlicensed contractor who held invoices owed by debtor, where California's statutory provision authorizing recovery of sums paid to unlicensed contractor did not extent to other parties.