Lawrence J Kotler

December 18, 2019 | Delaware Business Court Insider

In the case of Liquidation Trust of Solutions Liquidation v. David Stienes (In re Solutions Liquidation), the U.S. Bankruptcy Court for the District of Delaware examined the interplay between the scope and extent of a company's exculpation clause versus the scope and extent of Delaware law regarding breach of fiduciary duty claims.

By Lawrence J. Kotler

11 minute read

August 18, 2016 | The Legal Intelligencer

In today's low interest rate environment, the difference between a contractual interest rate and the federal judgment rate can be quite significant. It is not surprising, therefore, that this issue has become hotly litigated in cases involving solvent Chapter 11 debtors.

By Rudolph J. Di Massa Jr., Lawrence J. Kotler and Catherine B. Heitzenrater

14 minute read

November 18, 2015 | Delaware Business Court Insider

In AFA Investment v. Trade Source (In re AFA Investment), 538 B.R. 237 (Bankr. D.Del. 2015), the U.S. Bankruptcy Court for the District of Delaware addressed a summary judgment motion filed by the debtor. In this case, the debtor filed a preference complaint against Trade Source Inc. seeking to avoid and recover a $25,000 payment made by the debtor to Trade Source on Feb. 23, 2012, which was within 90 days of the debtor's filing for bankruptcy. In the summary judgment motion, the debtor alleged the transfer at issue was a preference and, as such, should be avoided under Section 547(b) of the Bankruptcy Code.

By Lawrence J. Kotler

9 minute read

November 18, 2015 | Delaware Business Court Insider

In AFA Investment v. Trade Source (In re AFA Investment), 538 B.R. 237 (Bankr. D.Del. 2015), the U.S. Bankruptcy Court for the District of Delaware addressed a summary judgment motion filed by the debtor. In this case, the debtor filed a preference complaint against Trade Source Inc. seeking to avoid and recover a $25,000 payment made by the debtor to Trade Source on Feb. 23, 2012, which was within 90 days of the debtor's filing for bankruptcy. In the summary judgment motion, the debtor alleged the transfer at issue was a preference and, as such, should be avoided under Section 547(b) of the Bankruptcy Code.

By Lawrence J. Kotler

9 minute read

July 29, 2015 | Delaware Business Court Insider

In the case of Forman v. Kelly Capital LLC (In re National Service Industries), U.S. Bankruptcy Judge Mary F. Walrath of the District of Delaware issued a memorandum opinion concerning various motions to dismiss filed in an action brought by a Chapter 7 trustee.

By Lawrence J. Kotler

11 minute read

July 29, 2015 | Delaware Business Court Insider

In the case of , U.S. Bankruptcy Judge Mary F. Walrath of the District of Delaware issued a memorandum opinion concerning various motions to dismiss filed in an action brought by a Chapter 7 trustee.

By Lawrence J. Kotler

11 minute read

March 25, 2015 | Delaware Business Court Insider

In the recent decision in the In re FAH Liquidating (f/k/a Fisker Automotive Holdings), No. 13-13087 (KG) (Bankr. D. Del. Jan. 21, 2015), case, the court addressed whether professionals retained by the Official Committee of Unsecured Creditors were entitled to receive a fee enhancement in addition to their normal hourly rate.

By Lawrence J. Kotler

7 minute read

March 25, 2015 | Delaware Business Court Insider

In the recent decision in the, No. 13-13087 (KG) (Bankr. D. Del. Jan. 21, 2015), case, the court addressed whether professionals retained by the Official Committee of Unsecured Creditors were entitled to receive a fee enhancement in addition to their normal hourly rate.

By Lawrence J. Kotler

7 minute read

November 19, 2014 | Delaware Business Court Insider

Recently, in the case of In re Trump Entertainment Resorts, Bankruptcy No. 14-12103 (Bankr. D. Del. 2014), 2014 Bankr. LEXIS 4439 (Bankr. D. Del. October 20, 2014), the U.S. Bankruptcy Court for the District of Delaware addressed the issue of whether a debtor has the authority to reject an expired collective bargaining agreement pursuant to Section 1113 of the Bankruptcy Code.

By Lawrence J. Kotler

9 minute read

July 23, 2014 | Delaware Business Court Insider

In a recent decision by U.S. Bankruptcy Judge Peter J. Walsh of the District of Delaware, the court took issue with the "strategic use of motions to extend time to serve process coupled with a lack of proper notice thereof."

By Lawrence J. Kotler

6 minute read