• In re: MD Helicopters, Inc.

    Publication Date: 2023-05-23
    Practice Area: Bankruptcy
    Industry: Transportation
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Rendell
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-2217

    Court dismissed appeal from denial of motion to certify question to state supreme court since the order denying the motion was interlocutory.

  • In re: Promise Healthcare Group, LLC

    Publication Date: 2023-05-02
    Practice Area: Bankruptcy
    Industry: Health Care
    Court: U.S. Bankruptcy Court
    Judge: Judge Goldblatt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-12491 (CTG)

    Creditors holding legal claims against a debtor were not required to file a lawsuit outside of the bankruptcy process in addition to filing a proof of claim to preserve their claims from the expiration of the statute of limitations, as the bankruptcy code required evaluating proof of claims as of the date of the bankruptcy filing, and requiring the filing of separate lawsuits ran contrary to the purpose of bankruptcy to provide a single forum to resolve claims against a debtor.

  • In re: Cred Inc.

    Publication Date: 2023-04-25
    Practice Area: Bankruptcy
    Industry: Financial Services and Banking | E-Commerce | Investments and Investment Advisory
    Court: U.S. Bankruptcy Court
    Judge: Judge Dorsey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-12836 (JTD)

    Claims of aiding and abetting breaches of fiduciary duties failed where plaintiff failed to plead facts showing that defendants knew of debtor company's problems or that knowledge of those problems would alert defendants to debtor's officers' breaches of fiduciary duties.

  • In re: Windhaven Top Ins. Holdings, LLC

    Publication Date: 2023-04-25
    Practice Area: Bankruptcy
    Industry: Consulting | Insurance
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: Gregory L. Arbogast, Keith M. Lusby, Gebhardt & Smith LLP, Wilmington, DE for appellant.
    for defendant: Mark E. Felger, Barry M. Klayman, Gregory F. Fischer, Cozen O'Connor, Wilmington, DE for appellee.

    Case Number: 20-10524 (JTD)

    Bankruptcy court's jurisdiction to determine whether disputed funds were part of a debtor's estate did not "impair" the enforcement of state insurance laws and therefore did not trigger reverse preemption.

  • SC SJ Holdings, LLC v. Pillsbury Winthrop Shaw Pittman LLP

    Publication Date: 2023-04-04
    Practice Area: Bankruptcy
    Industry: Hospitality and Lodging | Legal Services
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Busenkell, Ronald S. Gellert, Bradley P. Lehman, Gellert Scali Buskenell & Brown, LLC; Michael T. Mihm, Jason B. Wesoky, James E. Fogg, Ogborn Mihm LLP for appellants.
    for defendant: John D. Demmy, Saul Ewing Arnstein & Lehr LLP, Wilmington, DE; Brad D. Brian, Bethany W. Kristovich, Munger, Torres & Olson LLP, Los Angeles, CA for appellee.

    Case Number: 22-689 (MN)

    The court affirmed an order of the Bankruptcy Court which denied debtor's request to limit certain provisions of their Chapter 11 Plan.

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  • In re Cred Inc.

    Publication Date: 2023-03-21
    Practice Area: Bankruptcy
    Industry: Financial Services and Banking | E-Commerce
    Court: U.S. Bankruptcy Court
    Judge: Judge Goldblatt
    Attorneys: For plaintiff: N/a
    for defendant: N/a

    Case Number: 20-12836 (JTD)

    The court granted debtors' trustees' request to clarify a previous court order indicating that the trust may acquire third-party claims in instances involving separate litigation claims. Although defendant corporation argued that the trustees lacked standing to bring the claims, the court disagreed and noted that because the trustees were post-confirmation entities, they did not need to seek the bankruptcy court's approval prior to filing an action.

  • In re: TPC Group Inc.

    Publication Date: 2023-03-07
    Practice Area: Bankruptcy
    Industry: Energy | Manufacturing
    Court: U.S. Bankruptcy Court
    Judge: Judge Goldblatt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-10493 (CTG)

    Following confirmed plan of reorganization that released debtors' claims against their equity sponsors, court directed plaintiffs with tort claims arising from explosion at debtors' facility to revise their complaint to remove any claims or allegations of veil piercing, as piercing the corporate veil constituted an estate claim that had been released rather than claim belonging to plaintiffs.

  • In re: NLG, LLC

    Publication Date: 2023-02-28
    Practice Area: Bankruptcy
    Industry:
    Court: U.S. Bankruptcy Court
    Judge: Judge Stickles
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-11269 (JKS)

    Motion to convert bankruptcy proceeding denied where debtor had no assets or income, making Chapter 11 bankruptcy unfeasible, and where facts indicated that conversion was sought as a forum-shopping tactic to assert state law claims against non-debtor parties.

  • In Re: TE Holdcorp LLC

    Publication Date: 2023-02-07
    Practice Area: Bankruptcy
    Industry: Energy
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Freeman
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-1807

    The court affirmed the District Court's order affirming the Bankruptcy Court's enforcement order and reconsideration order on the grounds that the Bankruptcy Court had jurisdiction under 28 U.S.C. § 157 (b)(2)(L), (N), which affords the bankruptcy court with jurisdiction over the confirmation of plans and orders approving the sale of property as well as the fact that the parties were bound to a sales agreement, which clearly served as consent to the Sale approved by the Bankruptcy Court

  • In re: Decade, S.A.C., LLC

    Publication Date: 2023-01-31
    Practice Area: Bankruptcy
    Industry:
    Court: U.S. Bankruptcy Court
    Judge: Judge Stickles
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-11668 (JKS)

    After judgment was entered in favor of debtor defendants, they requested compensatory and punitive damages.