• In re RMH Franchise Holdings, Inc.

    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.

  • 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 JMO Wind Down, Inc.

    Publication Date: 2018-05-02
    Practice Area: Bankruptcy
    Industry: Investments and Investment Advisory | Technology Media and Telecom
    Court: U.S. Bankruptcy Court
    Judge: Judge Shannon
    Attorneys: For plaintiff: Michael R. Nestor, Peter M. Gihuly and Andrew R. Gray for Jumio Acquisition; Adam G. Landis, Shanti M. Katona and George W. Shuster, Jr. for debtors and liquidating trustee
    for defendant: Matthew B. Heimann, Charles A. Stanziale, Jr. Steven A. Beckelman, Jeffrey T. Testa and Kate Roggio Buck for Bloso Investments; Leo D. Plotkin, Andrew John Roth-Moore, Christopher C. Cooke, Michael G. Busenkell, Bryan L. Bates, Charles E. Dorkey, III, Thomas F. Driscoll, III, Ian C. Bifferato, Kimberly Gattuso, Todd Charles Schiltz, Michael L. Bernstein, William P. Bowden and “J” Jackson Shrum for remaining parties.

    Case Number: D68121

    Bankruptcy court determined that a partys state court claims were derivative rather than direct claims, and therefore they belonged to the liquidating trustee.

  • In re Taylor-Wharton Intl LLC

    Publication Date: 2018-05-02
    Practice Area: Bankruptcy
    Industry: Manufacturing
    Court: U.S. Bankruptcy Court
    Judge: Judge Shannon
    Attorneys: For plaintiff: Patrick A. Jackson for Worthington Cryogenics, LLC
    for defendant: Derek J. Baker and Emily K. Devan for debtors.

    Case Number: D68125

    Purchaser of debtors assets was not entitled to reformation of contract based on mutual mistake because purchaser was a sophisticated party and failed to exercise due diligence.

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  • In re Taylor-Wharton Intl LLC

    Publication Date: 2018-04-25
    Practice Area: Bankruptcy
    Industry: Manufacturing
    Court: U.S. Bankruptcy Court
    Judge: Judge Shannon
    Attorneys: For plaintiff: Patrick A. Jackson for Worthington Cryogenics, LLC
    for defendant: Derek J. Baker and Emily K. Devan for debtors.

    Case Number: D68125

    Purchaser of debtors assets was not entitled to reformation of contract based on mutual mistake because purchaser was a sophisticated party and failed to exercise due diligence.

  • In re JMO Wind Down, Inc.

    Publication Date: 2018-04-25
    Practice Area: Bankruptcy
    Industry:
    Court: U.S. Bankruptcy Court
    Judge: Judge Shannon
    Attorneys: For plaintiff: Michael R. Nestor, Peter M. Gihuly and Andrew R. Gray for Jumio Acquisition; Adam G. Landis, Shanti M. Katona and George W. Shuster, Jr. for debtors and liquidating trustee
    for defendant: Matthew B. Heimann, Charles A. Stanziale, Jr. Steven A. Beckelman, Jeffrey T. Testa and Kate Roggio Buck for Bloso Investments; Leo D. Plotkin, Andrew John Roth-Moore, Christopher C. Cooke, Michael G. Busenkell, Bryan L. Bates, Charles E. Dorkey, III, Thomas F. Driscoll, III, Ian C. Bifferato, Kimberly Gattuso, Todd Charles Schiltz, Michael L. Bernstein, William P. Bowden and “J” Jackson Shrum for remaining parties.

    Case Number: D68121

    Bankruptcy court determined that a partys state court claims were derivative rather than direct claims, and therefore they belonged to the liquidating trustee.

  • In re: Womack

    Publication Date: 2017-11-08
    Practice Area: Bankruptcy
    Industry:
    Court: U.S. Bankruptcy Court
    Judge: Judge Shannon
    Attorneys: For plaintiff: Hannah Mufson McCollum, Office of the United States Trustee, attorney for plaintiff
    for defendant: Robert F. Martin, pro se defendant.

    Case Number: D67928

    Court imposed treble fees and civil sanctions against non-attorney providing bankruptcy petition preparation services in violation of 11 U.S.C. 110, after having been twice enjoined from similar conduct.