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Publication Date: 2024-04-01
Practice Area: Bankruptcy
Industry:
Court: U.S. Bankruptcy Court
Judge: Judge Shannon
Attorneys: For plaintiff:
for defendant:
Case Number: 21-10741 (BLS)
Court dismissed bankruptcy petition that appeared to be filed solely to avoid liability on a large judgment entered for damages caused by debtors' misconduct.
Publication Date: 2023-06-27
Practice Area: Bankruptcy
Industry: Investments and Investment Advisory
Court: U.S. Bankruptcy Court
Judge: Judge Shannon
Attorneys: For plaintiff: Michael J. Farnan, Farnan LLP, Wilmington, DE; J. Christopher Shore, Colin T. West, White & Case, LLP, New York, NY for plaintiff.
for defendant: Michael S. Neiberg, Young, Conaway, Stargatt & Taylor, LLP, Wilmington, DE; Sabina Willett, Morgan Lewis & Bockius LLP, Boston, MA; David M. Stern, KTBS Law LLP, Los Angeles, CA for defendants.
Case Number: 15-11934 (BLS)
Suit to recover proceeds of the sale of debtor as a fraudulent transfer failed where the acquisition negotiations were fair and conducted at arms-length, since the seller was entitled to sell the company for as much as they could get and the buyer was free to negotiate what it considered a fair price, even though in hindsight the purchase price seemed overinflated as it placed an unsustainable amount of debt on the company.
Publication Date: 2022-06-21
Practice Area: Bankruptcy
Industry: Financial Services and Banking
Court: U.S. Bankruptcy Court
Judge: Judge Shannon
Attorneys: For plaintiff: John P. Lane, Jr., Berwyn, PA, pro se plaintiff.
for defendant: Ricardo Palacio, Ashby & Geddes, P.A., Wilmington, DE, attorney for trustee.
Case Number: D69861
Perfected security interest did not cover proceeds from commercial tort litigation where the proceeds were acquired after the security interest was established and where the interest only included a general claim to the intangible property of the debtor.
Publication Date: 2022-03-01
Practice Area: Fee Disputes
Industry: Financial Services and Banking | Real Estate
Court: U.S. Bankruptcy Court
Judge: Judge Shannon
Attorneys: For plaintiff:
for defendant:
Case Number: D69733
Claimant could pursue attorneys' fees where authorized by lease that debtor remained obligated under, and where claimant had yet to recover the statutory cap of unpaid rent.
Publication Date: 2022-01-11
Practice Area: Insurance Law
Industry: Automotive | Insurance | Manufacturing
Court: U.S. Bankruptcy Court
Judge: Judge Shannon
Attorneys: For plaintiff:
for defendant:
Case Number: D69677
Adversary proceeding to determine insurer's obligation to provide coverage constituted a non-core proceeding as it only required analysis of the policy contracts rather than of the bankruptcy plan or bankruptcy law.
Law Journal Press | Digital Book
Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner
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Publication Date: 2021-01-06
Practice Area: Bankruptcy
Industry: Health Care
Court: U.S. Bankruptcy Court
Judge: Judge Shannon
Attorneys: For plaintiff: M. Blake Cleary, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Abid Qureshi, Akin Gump Strauss Hauer & Feld LLP, New York, NY for debtors.
for defendant: Donald J. Detweiler, Troutman Pepper, Wilmington, DE; James P. Muenker, Neligan, LLP, Dallas, TX for movant.
Case Number: D69248
Lump sum adjustment from Centers for Medicare and Medicaid Services received by debtors constituted a "settlement" and therefore qualified as a purchased asset that debtors were required to turn over under the terms of the parties' asset purchase agreement.
Publication Date: 2020-03-18
Practice Area: Personal Injury
Industry: Technology Media and Telecom
Court: U.S. Bankruptcy Court
Judge: Judge Shannon
Attorneys: For plaintiff:
for defendant:
Case Number: D68912
Debtors' objection to defamation claims sustained where plaintiff failed to prove by preponderance of the evidence that allegedly defamatory newspaper article contained misstatements or omissions of material facts.
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: 2018-09-19
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.
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