• In re: AmeriFirst Fin., Inc.

    Publication Date: 2023-11-06
    Practice Area: Bankruptcy
    Industry: Financial Services and Banking
    Court: U.S. Bankruptcy Court
    Judge: Judge Horan
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 23-11240 (TMH)

    Court denied motion to transfer venue where there was no indication debtors had attempted to "manufacture" venue and transfer would not facilitate the efficient resolution of the case.

  • In Re: CCX, Inc., Debtor

    Publication Date: 2023-10-02
    Practice Area: Bankruptcy
    Industry: Manufacturing
    Court: U.S. District Court of Delaware
    Judge: District Judge Williams
    Attorneys: For plaintiff: Susan E. Kaufman, Law Office of Susan E. Kaufman, LLC, Wilmington, DE; Nathan Kilbert, Assistant General Counsel, United Steel Workers, Pittsburgh, PA; Richard M. Seltzer, Melissa S. Woods, Sommer Omar, Cohen, Weiss and Simon LLP, New York, NY for appellant.
    for defendant: B. Nelson Sproat, Blank Rome LLP, Wilmington, DE; Andrew Herman, John Lucian, Blank Rome LLP, Philadelphia, PA for appellee.

    Case Number: 22-10252 (JTD)

    Relying on the general principle that, notwithstanding a bankruptcy court's authority to extinguish liabilities incurred prior to the sale of the debtor's assets, the court cannot insulate a purchaser from liability for claims arising after the sale due to the purchaser's conduct, the court concluded that appellee's status as a successor to debtor's business was determined by its post-sale conduct in hiring a majority of its workforce from the predecessor and maintaining substantial continuity in business operations.

  • In re: Furniture Factory Ultimate Holding, L.P

    Publication Date: 2023-09-11
    Practice Area: Bankruptcy
    Industry: Consulting | Investments and Investment Advisory | Retail
    Court: U.S. Bankruptcy Court
    Judge: Judge Stickles
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-12816(JKS)

    The court denied motions to dismiss counts alleging breach of fiduciary duties, aiding and abetting breach of fiduciary duties, recharacterization of debt to equity, and equitable subordination arising from defendants' control of debtor that led to its bankruptcy.

  • In re: Maxus Energy Corp.

    Publication Date: 2023-09-11
    Practice Area: Bankruptcy
    Industry: Chemicals and Materials | Energy
    Court: U.S. Bankruptcy Court
    Judge: Judge Goldblatt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 16-11501 (CTG)

    Creditor's cross-motion for leave to file an amended proof of claim denied where, once the bar date for filing proof of claims has passed, a proof of claim typically cannot be amended to add claims that were not included within the scope of the original proof of claim that did not put the debtor and other interested parties on notice of the extent of the amended claim.

  • In re Abeinsa Holdings, Inc.

    Publication Date: 2023-09-11
    Practice Area: Bankruptcy
    Industry: Financial Services and Banking | Construction | Energy
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: Robert J. Denhey, Andrew R. Remming, Matthew 0. Talmo, Morris Nichols Arsht & Tunnell LLP, Wilmington, DE; David Dunn, Allison Wuertz, Hogan Lovells US LLP, New York, NY for appellant.
    for defendant: Brian A. Sullivan, Werb & Sullivan, Wilmington, DE; Don Fogel, Fogel & McEvily, LLC, Houston, TX for appellee.

    Case Number: 22-1371-CFC

    Bankruptcy court correctly dismissed statutory disgorgement and turnover claims against assignee of unlicensed contractor who held invoices owed by debtor, where California's statutory provision authorizing recovery of sums paid to unlicensed contractor did not extent to other parties.

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  • In re: Insys Therapeutics, Inc.

    Publication Date: 2023-08-28
    Practice Area: Bankruptcy
    Industry: Pharmaceuticals
    Court: U.S. Bankruptcy Court
    Judge: Judge Dorsey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-11292 (JTD)

    Court granted bankruptcy trustee's motion for summary judgment to recover legal costs advanced to company CEO where the executive was convicted of racketeering conspiracy arising from the course of his duties, rendering him ineligible for indemnification under his agreement with the company.

  • In re: AP Orangevale, LLC

    Publication Date: 2023-08-21
    Practice Area: Bankruptcy
    Industry: Real Estate
    Court: Delaware Supreme Court
    Judge: Justice Goldblatt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 23-10687 (CTG)

    The bankruptcy court found sufficient cause to lift the stay to allow an unlawful detainer action against debtor pending in California to go forward, concluding that resolution of the dispute was best left to the California courts.

  • In re: Delloso

    Publication Date: 2023-07-24
    Practice Area: Bankruptcy
    Industry: Financial Services and Banking | Construction | Manufacturing
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Rendell
    Attorneys: For plaintiff: Matthew Beebe, Meluney Alleman & Spence, Lewes, DE; James M. Sullivan, Windels Marx Lane & Mittendorf, New York, NY for appellant.
    for defendant: Kasey H. DeSantis, Neal J. Levitsky, Fox Rothschild, Wilmington, DE for appellee.

    Case Number: 22-2532

    Bankruptcy court correctly denied untimely motion to reopen bankruptcy case to file complaint challenging the dischargeability of debt on grounds of fraudulent transfer where the rules provided inflexible deadlines for the motion due to the limited exceptions under which bankruptcy courts could enlarge the time to file.

  • In re: TK Holdings, Inc.

    Publication Date: 2023-07-17
    Practice Area: Bankruptcy
    Industry: Automotive | Insurance | Manufacturing
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Stanley B. Tarr, Blank Rome LLP, Wilmington, DE; David J. Molton, Gerard T. Cicero, Brown Rudnick LLP, New York, NY; Kami E. Quinn, Emily P. Grim, Sarah A. Sraders, Gilbert LLP, Washington, DC for appellant.
    for defendant: Evan T. Miller, Daniel N. Brogan, Steven D. Adler for appellee.

    Case Number: 17-11375 (BLS)

    Bankruptcy court correctly dismissed adversary proceeding that was essentially an insurance coverage dispute, rendering the matter a non-core proceeding that was also subject to a forum selection clause in the underlying insurance policy.

  • In re: Essar Steel Minnesota, LLC

    Publication Date: 2023-07-10
    Practice Area: Bankruptcy
    Industry: Financial Services and Banking | Mining and Resources
    Court: U.S. Bankruptcy Court
    Judge: Judge Goldblatt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 16-11626 (CTG)

    Confirmed reorganization plan potentially barred claims by financial advisor against reorganized debtor when those claims arose between the petition date and effective date and acquirer of reorganized debtor could not bind it to discharged claims.