• In re La Paloma Generating Co.

    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.

  • 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: PennySaver USA Publ'g, LLC

    Publication Date: 2018-07-25
    Practice Area: Bankruptcy
    Industry: Advertising
    Court: U.S. Bankruptcy Court
    Judge: Judge Sontchi
    Attorneys: For plaintiff: Stephen E. Jenkins and Ricardo Palacio, Ashby & Geddes, P.A., Wilmington, DE, attorneys for trustee
    for defendant: Craig Martin, DLA Piper LLP, Wilmington, DE; Jeffrey A. Rosenfeld, Alston & Bird LLP, Los Angeles, CA, attorneys for defendant.

    Case Number: D68223

    Fraudulent transfer claims sustained where bankruptcy trustee sufficiently pled constructive fraud by alleging transfer was made for no consideration, and sufficiently pled actual fraud by also alleging that defendants were insolvent and debtors were made to transfer more than they could afford.

  • 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.

  • In re Cubic Energy, Inc.

    Publication Date: 2018-07-18
    Practice Area: Bankruptcy
    Industry: Energy
    Court: U.S. Bankruptcy Court
    Judge: Judge Sontchi
    Attorneys: For plaintiff: Neil B. Glassman, Scott D. Cousins, Justin R. Alberto, Robert W. Jones, Brent R. McIlwain and Brian Smith for debtors
    for defendant: Marcos A. Ramos, Brendan J. Schlauch, John S. Hodge and R. Jospeh Naus for liquidating trust.

    Case Number: D68218

    The parties did not have a justiciable controversy before the bankruptcy court, so the court declined to issue an advisory opinion on the 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.

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

    Publication Date: 2018-05-02
    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.

  • 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.

  • In re: FBI Wind Down, Inc.

    Publication Date: 2018-02-28
    Practice Area: Bankruptcy
    Industry: Manufacturing
    Court: U.S. Bankruptcy Court
    Judge: Judge Sontchi
    Attorneys: For plaintiff: Victoria A. Guilfoyle, Blank Rome LLP, Wilmington, DE; Edward L. Schnitzer and Jeffrey Zawadzki, Hahn & Hessen LLP, New York, NY, attorneys for plaintiff
    for defendant: James Tobia, The Law Offices of James Tobia, LLC, Wilmington, DE; Roland Gary Jones, Jones & Associates, New York, NY, attorneys for defendant.

    Case Number: D68055

    Disbursement of funds to subsidiaries operating accounts from parents master account for payment of subsidiaries accounts payable created factual dispute over subsidiaries interest in the property for recovery and avoidance.

  • In re: Fresh-G Rest. Intermediate Holding, LLC

    Publication Date: 2018-01-10
    Practice Area: Bankruptcy | Creditors' and Debtors' Rights
    Industry: Food and Beverage
    Court: U.S. Bankruptcy Court
    Judge: Judge Sontchi
    Attorneys: For plaintiff: Scott J. Leonhardt, The Rosner Law Group, LLC, Wilmington, DE; J. Ted Donovan, Goldberg Weprin Finkel Goldstein LLP, New York, NY, attorneys for objector
    for defendant: Mette H. Kurth and L. John Bird, Fox Rothschild LLP, Wilmington, DE, attorneys for purchaser.

    Case Number: D68000

    Cure of monetary default under a lease meant that timely exercise of lease renewal option was rendered valid.