• 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.

  • In re Greenfield Energy Services, Inc.

    Publication Date: 2018-01-10
    Practice Area: Bankruptcy | Creditors' and Debtors' Rights
    Industry: Energy
    Court: U.S. District Court of Delaware
    Judge: District Judge Stark
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D68001

    Where the outcome of a proposed third party proceeding did not have a close nexus to the bankruptcy proceeding and did not affect the confirmed plan, the bankruptcy court did not have subject matter jurisdiction, and the moving party was not entitled to appeal.

  • In re Amcad Holdings, LLC

    Publication Date: 2017-12-20
    Practice Area: Bankruptcy | Creditors' and Debtors' Rights
    Industry: Software
    Court: U.S. Bankruptcy Court
    Judge: Judge Walrath
    Attorneys: For plaintiff: John T. Carroll, III, Keith L. Kleinman, Paul K. Leary, Jr. and Arthur Fritzinger for defendant
    for defendant: Jeffrey R. Waxman, Brenna A. Dolphin, Robert M. Stefancin and M. Colette Gibbons for liquidating trustee.

    Case Number: D67977

    Liquidating trustee alleged sufficient facts in support of the fraudulent transfer claims to indicate debtor was insolvent and defendant was an insider.

  • Radnor Holdings Corp. v. Skadden, Arps, Slate, Meagher & Flom, LLP

    Publication Date: 2017-12-13
    Practice Area: Bankruptcy
    Industry: Legal Services
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Restrepo
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D67973

    Complaint regarding a conflict of interest in a bankruptcy proceeding was time-barred because the statute of limitations on all causes of action expired before the complaint was filed, and equitable tolling did not apply. Affirmed.

  • In re SRC Liquidation LLC

    Publication Date: 2017-11-29
    Practice Area: Bankruptcy | Corporate Governance
    Industry: Manufacturing
    Court: U.S. District Court of Delaware
    Judge: District Judge Stark
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D67954

    Plaintiff failed to allege sufficient facts with regard to its breach of fiduciary duty and fraudulent transfer claims against cor-porate officers and directors. Affirmed.

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  • Sebastian v. Frickel

    Publication Date: 2017-11-29
    Practice Area: Bankruptcy
    Industry: Technology Media and Telecom
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Vanaskie
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D67953

    Where the parent corporation of plaintiffs employer did not assume contractual liability for plaintiffs employment, plaintiff lacked creditor standing to bring a derivative action. Dismissal affirmed.

  • In re Physiotherapy Holdings, Inc.

    Publication Date: 2017-11-22
    Practice Area: Bankruptcy
    Industry: Health Care
    Court: U.S. Bankruptcy Court
    Judge: Judge Gross
    Attorneys: For plaintiff: N/A
    for defendant: N/A

    Case Number: D67945

    A litigation trust failed to demonstrate good cause in support of its motion to amend to name additional de-fendants, and the applicable fraudulent transfer law did not permit punitive damages. Motion to amend denied.

  • In re: La Paloma Generating Co.

    Publication Date: 2017-11-22
    Practice Area: Bankruptcy | Creditors' and Debtors' Rights | Environmental Law
    Industry: 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, and Elie J. Worenklein, Debevoise & Plimpton LLP, New York, NY, attorneys for plaintiff
    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; Xavier Becerra, Attorney General of California; Robert W. Byrne, Senior Assistant Attorney General; Eric M. Katz, Supervising Deputy Attorney General; H. Alexander Fisch, Deputy Attorney General; J. Christopher Shore and Andrew Zatz; White & Case LLP, New York, NY, attorneys for defendants.

    Case Number: D67943

    Debtors electricity generating facility was able to be sold free and clear of liability to surrender instruments under state greenhouse gas cap-and-trade program where state regulations did not explicitly provide for successor liability overriding bankruptcy codes requirement allowing assets to be sold clear of encumbrances.

  • In re Physiotherapy Holdings, Inc.

    Publication Date: 2017-11-15
    Practice Area: Bankruptcy | Business Torts
    Industry: Health Care
    Court: U.S. Bankruptcy Court
    Judge: Judge Gross
    Attorneys: For plaintiff: N/A
    for defendant: N/A

    Case Number: D67939

    Bankruptcy court determined that: 1) recovery for a fraudulent transfer is not capped by the amount of the creditor claims; 2) a result which allowed a defendant who engaged in a fraudulent transfer to keep most or all of the transferred money was inequitable; 3) a trustee may avoid a transfer beyond the extent necessary to satisfy a creditors claim; and 4) if the litigation trustee was successful, the court found no windfall to the creditors from recovery in the fraudulent transfer action.

  • 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.