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Publication Date: 2019-01-16
Practice Area: Bankruptcy
Industry: Financial Services and Banking | Energy
Court: U.S. Bankruptcy Court
Judge: Judge Sontchi
Attorneys: For plaintiff: Mark D. Collins and Jason M Madron, Richards, Layton & Finger, P.A., Wilmington, DE; M. Natasha Labovitz, Craig A. Bruens, Nick S. Kaluk, III and Elie J. Worenklein, Debevoise & Plimpton LLP, New York, NY for debtors.
for defendant: Jeffrey M. Schlerf and L. John Bird, Fox Rothschild LLP, Wilmington, DE; Thomas E. Lauria, White & Case LLP, Miami, FL; Roberto Kampfner, White & Case LLP, Los Angeles, CA; Douglas P. Baumstein, J. Christopher Shore and Andrew Zatz, White & Case LLP, New York, NY for LNV Corp. Jody C. Baril-lare, Morgan, Lewis & Bockius LLP, Wilmington, DE; Glenn E. Siegel, Joshua Dorchak and Rachel Jaffe Mauceri, Morgan, Lewis & Bockius LLP, New York, NY for the ad hoc group of second lien creditors.
Case Number: D68427
The bankruptcy court granted the motion of a first-lien lender to enforce an intercreditor agreement which pro-vided that its lien was to be satisfied in full, prior to any payment for the group of second-lien lenders.
Publication Date: 2019-01-16
Practice Area: Bankruptcy | Deals and Transactions
Industry: Consulting | Entertainment and Leisure
Court: U.S. Bankruptcy Court
Judge: Judge Carey
Attorneys: For plaintiff:
for defendant:
Case Number: D68426
Litigation trustee was entitled to summary judgment in this fraudulent transfer matter, because the debtor was insolvent at the time of the transaction and no exchange or reasonably equivalent value occurred.
Publication Date: 2018-10-24
Practice Area: Bankruptcy
Industry: Consulting | Retail
Court: U.S. Bankruptcy Court
Judge: Judge Gross
Attorneys: For plaintiff:
for defendant:
Case Number: D68331
The bankruptcy court determined that a proposed consultant's responsibilities were advisory only.
Publication Date: 2018-10-10
Practice Area: Bankruptcy | Contractual Disputes
Industry: Food and Beverage
Court: U.S. Bankruptcy Court
Judge: Judge Shannon
Attorneys: For plaintiff:
for defendant:
Case Number: D68317
A creditor's extension of the time for curing defaults under a franchise agreement did not contain a clear and unambiguous notice of termination.
Publication Date: 2018-09-26
Practice Area: Bankruptcy | Business Torts | Deals and Transactions
Industry: Energy
Court: U.S. Bankruptcy Court
Judge: Judge Gross
Attorneys: For plaintiff: Steven K. Kortanek, Patrick A. Jackson, and Joseph N. Argentina, Jr., Drinker Biddle & Reath LLP; Robert J. Stark, Marek P. Krzyowski, James W. Stoll, Joel S. Miliband, Melanie Dahl Burke, and Brian M. Alosco, Brown Rudnick LLP, attorneys for plaintiff
for defendant: Marc J. Phillips, Manning Gross + Massenburg LLP; Jeffrey R. Fine, Alison R. Ashmore, Aaron Kaufman, and R. Chris Harvey, Dykema Cox Smith, attorneys for defendants.
Case Number: D68297
Avoidance of transfer of business opportunity disallowed where opportunity had little or no value at time of transfer and where debtor's financial position meant it had no reasonable expectation of pursuing opportunity.
Law Journal Press | Digital Book
Authors: Hal R. Lieberman, J. Richard Supple, Jr., Harvey Prager
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Publication Date: 2018-09-19
Practice Area: Bankruptcy
Industry: Real Estate
Court: U.S. Bankruptcy Court
Judge: Judge Walrath
Attorneys: For plaintiff: Brett Hayward, Daniel J. DeFranceschi, Paul N. Heath, and Amanda R. Steele, Richards, Layton & Finger, P.A., Wilmington, DE; Ray C. Schrock, Matthew S. Barr, John P. Mastando III, and Sunny Singh, Weil, Gotshal & Manges, LLP, New York, NY; Matthre R. Chait and Sean M. Smith, Shutts & Bowen LLP, West Palm Beach, FL, attorneys for debtors
for defendant: Frank E. Noyes, II, Wilmington, DE; Joyce A. Kuhns, Offit Kurman, P.A., Baltimore, MD, attorneys for objector.
Case Number: D68288
Gross sales for calculation of percentage rent included gross revenues generated by ancillary services offered through the store where such services fell within the broad definition of good and services included under gross sales.
Publication Date: 2018-09-19
Practice Area: Bankruptcy
Industry: Insurance | Real Estate
Court: U.S. Bankruptcy Court
Judge: Judge Shannon
Attorneys: For plaintiff: Peter Schaeffer, Jr., Avenue Law, Dover, DE, attorney for debtors
for defendant: Charles A. Stanziale, Jr., McCarter & English, LLP, Newark, NJ; Matthew J. Rifino and Kate Roggio Buck, McCarter & English, LLP, Wilmington, DE, attorneys for trustee.
Case Number: D68287
Homeowners' insurance proceeds were part of property owners' bankruptcy estate because owners owned and were beneficiaries of the insurance policy, received the proceeds, and at all times held at least a contingent or residual interest in the proceeds.
Publication Date: 2018-09-19
Practice Area: Bankruptcy
Industry: Energy
Court: U.S. Bankruptcy Court
Judge: Judge Shannon
Attorneys: For plaintiff: Christopher Shore and Michael J. Farnan for plaintiff
for defendant: P. Sabin Willett, David M Stern and Michael R. Nestor for moving defendants.
Case Number: D68290
The bankruptcy court held that certain defendants fell within the scope of a broad release provision contained in the confirmed plan, so it granted summary judgment in favor of those defendants.
Publication Date: 2018-09-12
Practice Area: Bankruptcy | Corporate Entities | Deals and Transactions
Industry: Energy
Court: U.S. Bankruptcy Court
Judge: Judge Carey
Attorneys: For plaintiff:
for defendant:
Case Number: D68281
By providing notice of exercise of a call option, a party bound was bound to the minimum floor price provided in an unambiguous agreement.
Publication Date: 2018-08-22
Practice Area: Bankruptcy | Contracts | Trade Secrets
Industry:
Court: U.S. Bankruptcy Court
Judge: Judge Gross
Attorneys: For plaintiff:
for defendant:
Case Number: D68255
Motion to dismiss bankruptcy adversary complaint denied where debtor alleged affirmative post-petition act by defendants involving their continuous use of debtors' proprietary information to steal debtor's employees and customers.
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