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  • In re: Boy Scouts of Am.

    Publication Date: 2021-04-14
    Practice Area: Bankruptcy
    Industry: Insurance | Non-Profit
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Jonathan Hacker, O’Melveny & Myers LLP, Washington, DC; Tancred Schiavoni, Janine Panchok-Berry, An-drew Kirschenbaum, O’Melveny & Myers LLP, New York, NY; Stamatios Stamoulis, Stamoulis & Weinblatt LLP, Wilmington, DE for appellant.
    for defendant: Jessica C.K. Boelter, Sidley Austin LLP, New York, NY; Thomas A. Labuda, Michael C. Andolina, Matthew E. Linder, Sidley Austin LLP, Chicago, IL; Derek C. Abbott, Andrew R. Remming, Eric W. Moats, Morris Nich-ols Arsht & Tunnell LLP, Wilmington, DE for appellees.
    Case Number: D69363

    The bankruptcy court did not err in setting a bar date and establishing a claim form for sexual abuse claim-ants.

  • In re: UD Dissolution Corp.

    Publication Date: 2021-04-07
    Practice Area: Bankruptcy
    Industry: E-Commerce
    Court: U.S. District Court of Delaware
    Judge: District Judge Walrath
    Attorneys: For plaintiff: Albert H. Manwaring, IV, Morris James LLP, Wilmington, DE; Kevin N. Anderson, Fabian VanCott, Salt Lake City, UT for UD Liquidating Trust. Eric Lopez Schnabel, Alessandra Glorioso, Dorsey & Witney (Delaware) LLP, Wilmington, DE; Milo Steven Marsden, Sarah Goldberg, Dorsey & Whitney LLP, Salt Lake City, UT for Sphere defendants.
    for defendant: L. Katherine Good, Matthew F. Davis, Potter Anderson & Corroon, Wilmington, DE; Brian R. Carney, Kris-ten Diane White, Akin Gump Strauss Hauer & Feld LLP, New York, NY for Cyrus defendants.
    Case Number: D69355

    Bankruptcy court determined that it had personal jurisdiction over defendants in this core proceeding and the statute of limitations did not bar plaintiff's claims.

  • In re: Lucky's Market Parent Co.

    Publication Date: 2021-04-07
    Practice Area: Bankruptcy
    Industry: Food and Beverage | Real Estate | Retail
    Court: U.S. District Court of Delaware
    Judge: District Judge Dorsey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D69354

    The bankruptcy court rejected a landlord's administrative expense claim, because the lease provided that trade fixtures remained debtors' property.

  • David v. The Weinstein Co. Holdings, LLC

    Publication Date: 2021-03-31
    Practice Area: Bankruptcy
    Industry: Insurance
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Frederick B. Rosner, Zhao (Ruby) Liu, The Rosner Law Group LLC, Wilmington, DE; Douglas H. Wigdor, Bryan L. Arbeit, Wigdor LLP, New York, NY; Kevin Mintzer, The Law Office Of Kevin Mintzer, P.C., New York, NY; Thomas P. Giuffra, Rheingold Giuffra Ruffo & Plotkin LLP, New York, NY for appellants.
    for defendant: Robert J. Feinstein, Debra I. Grassgreen, Jason H. Rosell, Colin R. Robinson, Pachulski Stang Ziehl & Jones LLP, Wilmington, DE for appellee.
    Case Number: D69342

    Bankruptcy court properly approved non-consensual third-party releases of insurers and directors/officers in liquidation plan where releases necessary to secure funds from released parties needed to satisfy creditor claims.

  • In re: Washington Mut., Inc.

    Publication Date: 2021-02-24
    Practice Area: Bankruptcy
    Industry: Financial Services and Banking | Investments and Investment Advisory
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Fisher
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D69304

    District court properly affirmed bankruptcy court's overruling of preferred securities class member's objection to settlement where examination of the merits demonstrated that liquidating trust properly negotiated and entered into the settlement.

  • In re Southland Royalty Co., LLC

    Publication Date: 2021-02-10
    Practice Area: Bankruptcy
    Industry: Energy
    Court: U.S. Bankruptcy Court
    Judge: Judge Owens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D69290

    Creditor did not comply with state lien law requirements and it failed to obtain relief from the automatic stay, so its liens were void.

  • In re: PES Holdings, LLC

    Publication Date: 2021-01-20
    Practice Area: Bankruptcy
    Industry: Energy | Insurance | Investments and Investment Advisory
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Damian S. Schaible, James I. McClammy, David B. Toscano, Aryeh Ethan Falk, Davis Polk & Wardwell LLP, New York, NY; Robert J. Dehney, Andrew R. Remming, Paige N. Topper, Morris Nichols Arsht & Tunnell LLP, Wilmington, DE for appellant.
    for defendant: Richard I. Werder, Jr, Deborah Newman, David M. Cooper, Zachary Russell of Quinn Emanuel Urquhart & Sullivan, LLP, New York, NY; William P. Bowden, Stacy L. Newman, Ashby & Geddes, P.A., Wilmington, DE for appellee.
    Case Number: D69266

    An intercreditor agreement designated the party who had a first priority security interest with respect to the proceeds of certain business interruption insurance.

  • In re: Hosp. Acquisition LLC

    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.

  • In re: DSI Renal Holdings, LLC

    Publication Date: 2020-12-16
    Practice Area: Bankruptcy
    Industry: Health Care | Investments and Investment Advisory
    Court: U.S. Bankruptcy Court
    Judge: Judge Owens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D69224

    While one individual defendant owed fiduciary duties to debtors, trustee's adversary proceeding against other defendants failed where trustee presented no evidence those defendants had knowledge of their participation in an alleged transaction to fraudulently withdraw assets from debtors.

  • LandSource Cmtys. Dev. LLC v. Citizens Against Corporate Crime, LLC

    Publication Date: 2020-12-16
    Practice Area: Bankruptcy
    Industry: Real Estate
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Rendell
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D69227

    The bankruptcy court properly reopened a case for the purpose of interpreting and enforcing its confirma-tion order, and it correctly concluded that certain parties had signed a broad release, so they were barred from pursuing other litigation relating to the bankruptcy claims.