• In re Paragon Offshore PLC

    Publication Date: 2018-08-22
    Practice Area: Bankruptcy
    Industry:
    Court: U.S. Bankruptcy Court
    Judge: Judge Sontchi
    Attorneys: For plaintiff: Anthony W. Clark, Stephen J. Della Penna, George A. Zimmerman, Lauren E Aguiar and Wallis M. Hampton for defendants
    for defendant: Pauline K. Morgan, Joel A. Waite, Jaime Luton Chapman, Michael S. Neiburg, Bruce Bennett, James O. Johnston, Gregory M. Shumaker, David S. Torborg, Jennifer L. Del Medico and Genna L. Ghaul for Paragon Litigation Trust.

    Case Number: D68260

    The bankruptcy court compelled arbitration as to an unjust enrichment claim, but denied the motion as to other claims involving defendants who were not parties to the agreement containing the arbitration clause.

  • In re Syntax-Brillian Corp.

    Publication Date: 2018-08-01
    Practice Area: Bankruptcy
    Industry: Electronics
    Court: U.S. Bankruptcy Court
    Judge: Judge Carey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D68234

    The court granted a motion by the trustee for a final decree which established a litigation reserve, barred shareholders from filing suit without the court's authorization, and allowed the destruction of certain documents.

  • In re PennySaver USA Publ'g., LLC

    Publication Date: 2018-07-18
    Practice Area: Bankruptcy
    Industry: Advertising | Education
    Court: U.S. Bankruptcy Court
    Judge: Judge Sontchi
    Attorneys: For plaintiff: Ricardo Palacio, Andrew D. Cordo, Lauren Dunkle Fortunato and Hayley M. Lenahan for chapter 7 trustee
    for defendant: Scott D. Cousins and Evan T. Miller for defendant.

    Case Number: D68220

    Bankruptcy court had subject matter jurisdiction over a trustee's pre-discharge adversary proceeding to recover accounts re-ceivable in this chapter 7 matter.

  • Superior Contracting Group Inc. v. Rachmale

    Publication Date: 2018-06-27
    Practice Area: Bankruptcy
    Industry: Construction
    Court: U.S. Bankruptcy Court
    Judge: Judge Sontchi
    Attorneys: For plaintiff: Potter Anderson & Corroon LLP for plaintiff
    for defendant: Adam Hiller, Ian M. Williamson, and Jordan B. Segal for defendant.

    Case Number: D68196

    Bankruptcy court determined that it had "related to" subject matter jurisdiction due to defendant's possible indemnification claim and plaintiff's attempt to pierce the corporate veil.

  • Giuliano v. Ferdinand

    Publication Date: 2018-06-20
    Practice Area: Bankruptcy | Corporate Governance
    Industry:
    Court: U.S. Bankruptcy Court
    Judge: Judge Gross
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D68186

    In this adversary proceeding, the bankruptcy court determined that the trustee failed to allege claims for cor-porate waste, but the court granted and denied various parts of defendants' motions to dismiss the fraud, breach of fiduciary and fraudulent transfer claims.

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  • RCS Creditor Trust v. Schulte Roth & Zabel LLP

    Publication Date: 2018-05-30
    Practice Area: Bankruptcy
    Industry: Legal Services
    Court: U.S. Bankruptcy Court
    Judge: Judge Walrath
    Attorneys: For plaintiff: Ronald S. Gellert, Joseph L. Steinfeld, Kara E. Casteel, Bethany J. Rubis and Edward E. Neiger for RCS Creditor Trust
    for defendant: Adam G. Landis, James S. Green, Jr. and Michael L. Cook, for Schulte Roth & Zabel.

    Case Number: D68162

    After weighing the factors regarding transfer of this proceeding for avoidance of pre-petition transfers, the court concluded that the case should remain in the district where the underlying bankruptcy case was filed.

  • In re JMO Wind Down, Inc.

    Publication Date: 2018-05-02
    Practice Area: Bankruptcy
    Industry: Investments and Investment Advisory | Technology Media and Telecom
    Court: U.S. Bankruptcy Court
    Judge: Judge Shannon
    Attorneys: For plaintiff: Michael R. Nestor, Peter M. Gihuly and Andrew R. Gray for Jumio Acquisition; Adam G. Landis, Shanti M. Katona and George W. Shuster, Jr. for debtors and liquidating trustee
    for defendant: Matthew B. Heimann, Charles A. Stanziale, Jr. Steven A. Beckelman, Jeffrey T. Testa and Kate Roggio Buck for Bloso Investments; Leo D. Plotkin, Andrew John Roth-Moore, Christopher C. Cooke, Michael G. Busenkell, Bryan L. Bates, Charles E. Dorkey, III, Thomas F. Driscoll, III, Ian C. Bifferato, Kimberly Gattuso, Todd Charles Schiltz, Michael L. Bernstein, William P. Bowden and “J” Jackson Shrum for remaining parties.

    Case Number: D68121

    Bankruptcy court determined that a partys state court claims were derivative rather than direct claims, and therefore they belonged to the liquidating trustee.

  • In re Taylor-Wharton Intl LLC

    Publication Date: 2018-05-02
    Practice Area: Bankruptcy
    Industry: Manufacturing
    Court: U.S. Bankruptcy Court
    Judge: Judge Shannon
    Attorneys: For plaintiff: Patrick A. Jackson for Worthington Cryogenics, LLC
    for defendant: Derek J. Baker and Emily K. Devan for debtors.

    Case Number: D68125

    Purchaser of debtors assets was not entitled to reformation of contract based on mutual mistake because purchaser was a sophisticated party and failed to exercise due diligence.

  • In re Taylor-Wharton Intl LLC

    Publication Date: 2018-04-25
    Practice Area: Bankruptcy
    Industry: Manufacturing
    Court: U.S. Bankruptcy Court
    Judge: Judge Shannon
    Attorneys: For plaintiff: Patrick A. Jackson for Worthington Cryogenics, LLC
    for defendant: Derek J. Baker and Emily K. Devan for debtors.

    Case Number: D68125

    Purchaser of debtors assets was not entitled to reformation of contract based on mutual mistake because purchaser was a sophisticated party and failed to exercise due diligence.

  • Stanziale v. Richards, Layton & Finger, P.A.

    Publication Date: 2018-04-25
    Practice Area: Bankruptcy
    Industry: Legal Services
    Court: U.S. Bankruptcy Court
    Judge: Judge Sontchi
    Attorneys: For plaintiff: Mark M Billion and Erin J. Kennedy for plaintiff
    for defendant: Marcos A. Ramos and Joseph Barsalona II for defendant.

    Case Number: D68123

    Bankruptcy trustee was precluded from amending a complaint where the parties had previously entered a stipulated dismissal of the subject claims, and revival prejudiced defendant.