• In re: Se. Grocers, LLC

    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.

  • In re: Culp

    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.

  • Kravitz v. Samson Energy Co., LLC

    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.

  • In re Ryckman Creek Resources, LLC

    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.

  • In re: Patriot Nat'l Inc.

    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.

  • 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.