• In re: Veale

    Publication Date: 2024-02-05
    Practice Area: Bankruptcy
    Industry: Financial Services and Banking
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge McKee
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-3212

    Court affirmed dismissal of adversary complaint by creditor where there was no evidence supporting a claim of non-dischargeability of a personal guarantee of a business loan.

  • In re: Mallinckrodt PLC

    Publication Date: 2024-01-29
    Practice Area: Bankruptcy
    Industry: Manufacturing | Pharmaceuticals
    Court: U.S. Bankruptcy Court
    Judge: Judge Dorsey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-12522 (JTD)

    Court rejected invocation of securities safe harbor provision to dismiss fraudulent transfer claims where defendant did not qualify as a financial participant in the transaction as defined by the provision.

  • In re: AMC Investors, LLC

    Publication Date: 2024-01-29
    Practice Area: Bankruptcy
    Industry: Electronics | Investments and Investment Advisory | Technology Media and Telecom
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Mark D. Collins, Marcos A. Ramos, Cory Kandestin, Richards, Layton & Finger, P.A., Wilmington, DE; Mitchell A. Karlan, Paul J. Kremer, Gibson, Dunn & Crutcher LLP for appellants.
    for defendant: Curtis Miller, Daniel B. Butz, Jonathan M. Weyland, Morris Nichols, Arsht & Tunnell LLP, Wilmington, DE; James A. Bombulie, Dustin B. Hillsley, Akerman, LLP, Miami, FL; Brian P. Miller, King & Spalding LLP, Miami, FL for appellees.

    Case Number: 22-179-RGA

    Statute of limitations barred adversary complaints filed on behalf of debtors by their creditor where creditor's prior lawsuit against debtors based on the same factual predicate put debtors on notice of the claims raised in the adversary proceeding.

  • In re: First Guaranty Mortgage Corp.

    Publication Date: 2024-01-08
    Practice Area: Bankruptcy
    Industry: Financial Services and Banking
    Court: U.S. Bankruptcy Court
    Judge: Judge Goldblatt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-10584 (CTG)

    Aiding in the making of false statements against the federal government was a claim belonging to the government under the False Claims Act and thus was not released by debtors' third-party release in their reorganization plan.

  • In Re Venoco, LLC

    Publication Date: 2023-12-25
    Practice Area: Bankruptcy
    Industry: Energy | State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: Robert J. Dehney, Andrew R. Remming, Matthew O. Talmo, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Warren W. Harris, Nancy McEvily Davis, Stephani A. Michel, Bracewell LLP, Houston, TX for appellant.
    for defendant: Rob Bonta, Christina Bull Arndt, Office of the California Attorney General, Los Angeles, CA; Edward K. Black, Delaware Department of Justice, Wilmington, DE; David M. Fournier, Kenneth A. Listwak, Troutman Pepper Hamilton Sanders LLP, Wilmington, DE; Steven S. Rosenthal, Marc S. Cohen, J.D. Taliaferro, Alicia M. Clough, Loeb & Loeb LLP, Los Angeles, CA for appellee.

    Case Number: 17-10828 (JTD)

    Adversary proceeding asserting inverse condemnation claim failed where state government seized possession of facility necessary to prevent dangerous environmental contamination when owner ran out of funds to operate the facility.

  • Law Journal Press | Digital Book

    New Jersey Estate Litigation 2014

    Authors: Michael R. Griffinger, Paul F. Cullum III

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  • In re: Ursa Operating Co., LLC

    Publication Date: 2023-12-18
    Practice Area: Bankruptcy
    Industry: Energy | Mining and Resources
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Porter
    Attorneys: For plaintiff: George A. Barton, Barton and Burrows LLC, Mission, KS for appellants.
    for defendant: Duston K. McFaul, Maegan Quejada, Sidley Austin LLP, Houston, TX; Robert S. Velevis, Sidley Austin LLP, Dallas, TX; Robert S. Brady, Edmon L. Morton, Kenneth J. Enos, Joseph M. Mulvihill, Young Conaway Stargatt & Taylor LLP. Wilmington, Delaware; Ana Alfonso, Willkie Farr & Gallagher LLP, New York, NY; John H. Knight, Amanda R. Steele, Richards Layton & Finger, Wilmington, DE for appellees.

    Case Number: 22-1729

    Wrongfully retained mineral royalties were not part of a debtor's estate where applicable state law granted lessors a property interest proceeds, meaning debtor had no equitable interest in the funds.

  • In re: Boy Scouts of Am.

    Publication Date: 2023-12-18
    Practice Area: Bankruptcy
    Industry: Legal Services
    Court: U.S. Bankruptcy Court
    Judge: Judge Silverstein
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-10343 (LSS)

    Court denied ad hoc claimant committee's request for reimbursement of professional fees from the bankruptcy estate where its work appeared duplicative of the work performed by the estate and official committee of claimants and was contrary to facilitating resolution of an official committee's internal disputes.

  • In re: Apex Brittany MO, LP

    Publication Date: 2023-12-11
    Practice Area: Bankruptcy
    Industry: Hospitality and Lodging | Real Estate
    Court: U.S. Bankruptcy Court
    Judge: Judge Goldblatt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 23-11463 (CTG)

    Court granted motion to dismiss debtor's bankruptcy petition where a receivership order entered by another district court stripped debtor of the authority to file a petition, since debtor could not launch a collateral attack on the merits of the district court's order or its jurisdiction.

  • In re: Healthcare Real Estate Partners, LLC

    Publication Date: 2023-11-27
    Practice Area: Bankruptcy
    Industry: Investments and Investment Advisory | Real Estate
    Court: U.S. Bankruptcy Court
    Judge: Judge Goldblatt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 15-11931 (CTG)

    Court erred in capping fees for work performed on both a §303(i) motion and a §362(k) complaint since the debtor could have obtained its full fees had it only filed the complaint and was thus effectively "punished" for filing the motion.

  • In re: Essar Steel Minnesota LLC

    Publication Date: 2023-11-20
    Practice Area: Bankruptcy
    Industry: Manufacturing | Mining and Resources
    Court: U.S. Bankruptcy Court
    Judge: Judge Goldblatt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 16-11626 (CTG)

    Although Third Circuit precedent entitled litigant to unseal motion and attach documents pursuant to the public right of access to judicial records, the court certified the case for direct appeal to the Third Circuit to evaluate opposing party's contention that litigant had improper purposes for the motion to unseal.