• In re: Windhaven Top Ins. Holdings, LLC

    Publication Date: 2023-04-25
    Practice Area: Bankruptcy
    Industry: Consulting | Insurance
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff: Gregory L. Arbogast, Keith M. Lusby, Gebhardt & Smith LLP, Wilmington, DE for appellant.
    for defendant: Mark E. Felger, Barry M. Klayman, Gregory F. Fischer, Cozen O'Connor, Wilmington, DE for appellee.

    Case Number: 20-10524 (JTD)

    Bankruptcy court's jurisdiction to determine whether disputed funds were part of a debtor's estate did not "impair" the enforcement of state insurance laws and therefore did not trigger reverse preemption.

  • SC SJ Holdings, LLC v. Pillsbury Winthrop Shaw Pittman LLP

    Publication Date: 2023-04-04
    Practice Area: Bankruptcy
    Industry: Hospitality and Lodging | Legal Services
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Busenkell, Ronald S. Gellert, Bradley P. Lehman, Gellert Scali Buskenell & Brown, LLC; Michael T. Mihm, Jason B. Wesoky, James E. Fogg, Ogborn Mihm LLP for appellants.
    for defendant: John D. Demmy, Saul Ewing Arnstein & Lehr LLP, Wilmington, DE; Brad D. Brian, Bethany W. Kristovich, Munger, Torres & Olson LLP, Los Angeles, CA for appellee.

    Case Number: 22-689 (MN)

    The court affirmed an order of the Bankruptcy Court which denied debtor's request to limit certain provisions of their Chapter 11 Plan.

  • In re Cred Inc.

    Publication Date: 2023-03-21
    Practice Area: Bankruptcy
    Industry: Financial Services and Banking | E-Commerce
    Court: U.S. Bankruptcy Court
    Judge: Judge Goldblatt
    Attorneys: For plaintiff: N/a
    for defendant: N/a

    Case Number: 20-12836 (JTD)

    The court granted debtors' trustees' request to clarify a previous court order indicating that the trust may acquire third-party claims in instances involving separate litigation claims. Although defendant corporation argued that the trustees lacked standing to bring the claims, the court disagreed and noted that because the trustees were post-confirmation entities, they did not need to seek the bankruptcy court's approval prior to filing an action.

  • In re: TPC Group Inc.

    Publication Date: 2023-03-07
    Practice Area: Bankruptcy
    Industry: Energy | Manufacturing
    Court: U.S. Bankruptcy Court
    Judge: Judge Goldblatt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-10493 (CTG)

    Following confirmed plan of reorganization that released debtors' claims against their equity sponsors, court directed plaintiffs with tort claims arising from explosion at debtors' facility to revise their complaint to remove any claims or allegations of veil piercing, as piercing the corporate veil constituted an estate claim that had been released rather than claim belonging to plaintiffs.

  • In re: NLG, LLC

    Publication Date: 2023-02-28
    Practice Area: Bankruptcy
    Industry:
    Court: U.S. Bankruptcy Court
    Judge: Judge Stickles
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-11269 (JKS)

    Motion to convert bankruptcy proceeding denied where debtor had no assets or income, making Chapter 11 bankruptcy unfeasible, and where facts indicated that conversion was sought as a forum-shopping tactic to assert state law claims against non-debtor parties.

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  • In Re: TE Holdcorp LLC

    Publication Date: 2023-02-07
    Practice Area: Bankruptcy
    Industry: Energy
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Freeman
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-1807

    The court affirmed the District Court's order affirming the Bankruptcy Court's enforcement order and reconsideration order on the grounds that the Bankruptcy Court had jurisdiction under 28 U.S.C. § 157 (b)(2)(L), (N), which affords the bankruptcy court with jurisdiction over the confirmation of plans and orders approving the sale of property as well as the fact that the parties were bound to a sales agreement, which clearly served as consent to the Sale approved by the Bankruptcy Court

  • In re Peck

    Publication Date: 2023-01-31
    Practice Area: Bankruptcy
    Industry: Financial Services and Banking | Real Estate
    Court: U.S. Bankruptcy Court
    Judge: Judge Shannon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-11161 (BLS)

    The court overruled the creditor's objections to a debtor's Chapter 13 plan on the basis that they disagreed as to the classification of his real property which further included a mobile home.

  • In re: Decade, S.A.C., LLC

    Publication Date: 2023-01-31
    Practice Area: Bankruptcy
    Industry:
    Court: U.S. Bankruptcy Court
    Judge: Judge Stickles
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-11668 (JKS)

    After judgment was entered in favor of debtor defendants, they requested compensatory and punitive damages.

  • In re: Quorum Health Corp.

    Publication Date: 2023-01-24
    Practice Area: Bankruptcy
    Industry: Health Care | Investments and Investment Advisory
    Court: U.S. Bankruptcy Court
    Judge: Judge Shannon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-10766 (BLS)

    Court dismissed adversary complaint seeking to revoke plan of reorganization where plaintiff was an unimpaired general unsecured creditor who was not entitled to vote on the plan.

  • Town Sports Int'l LLC v. Kennedy Lewis Partners Master Fund LP

    Publication Date: 2023-01-24
    Practice Area: Bankruptcy | Contracts
    Industry: Financial Services and Banking
    Court: U.S. Bankruptcy Court
    Judge: Judge Goldblatt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-12168 (CTG)

    The court granted defendants' motion for summary judgment to dismiss plaintiff's breach of contract claims.