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Publication Date: 2022-08-09
Practice Area: Bankruptcy
Industry:
Court: U.S. Bankruptcy Court
Judge: Judge Goldblatt
Attorneys: For plaintiff:
for defendant:
Case Number: D69912
Corporate waste and fraud adversary claims against directors and officers dismissed where less-than-diligent collection of accounts receivable failed to rise to the level of waste and where debtors were more properly characterized as the perpetrators of the alleged fraud rather than the victims of said fraud.
Publication Date: 2022-08-09
Practice Area: Bankruptcy
Industry: Consulting
Court: U.S. Bankruptcy Court
Judge: Judge Goldblatt
Attorneys: For plaintiff:
for defendant:
Case Number: D69914
Although bankruptcy court resolved dispute regarding the enforceability of judgment creditors' claims where the underlying judgments had not been stayed and were therefore enforceable, the judgment creditors' elected Chapter 7 trustee was rejected for failing to meet the geographical requirements of §321 of the bankruptcy code.
Publication Date: 2022-07-19
Practice Area: Bankruptcy
Industry: Chemicals and Materials | Manufacturing
Court: U.S. Bankruptcy Court
Judge: Judge Goldblatt
Attorneys: For plaintiff:
for defendant:
Case Number: D69889
Court declined to read anti-subordination clause into note agreement where the agreement permitted a supermajority of holders to release the collateral securing the note, since releasing collateral would be a much greater intrusion into noteholders' rights than subordination.
Publication Date: 2022-04-05
Practice Area: Bankruptcy
Industry: Construction
Court: U.S. Bankruptcy Court
Judge: Judge Goldblatt
Attorneys: For plaintiff:
for defendant:
Case Number: D69767
The court denied creditor's request to reopen the bankruptcy case because it was clear that the creditor was not entitled to the relief it sought.
Publication Date: 2022-03-08
Practice Area: Bankruptcy
Industry: Health Care | Real Estate
Court: U.S. Bankruptcy Court
Judge: Judge Goldblatt
Attorneys: For plaintiff:
for defendant:
Case Number: D69737
The court deferred ruling on the motion to dismiss on the pleadings because there was a dispute among federal appellate districts as to whether a corporations qualified as an individual under § 362(k) of the U.S. Bankruptcy Code. Additionally, the court refused to dismiss plaintiffs' claim for declaratory judgment until evidence was taken. Finally, the court held it did not have jurisdiction to hear three state-law counterclaims because they were filed after the bankruptcy case was dismissed. Motion to dismiss denied in part, granted
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Publication Date: 2022-02-01
Practice Area: Bankruptcy
Industry: Education
Court: U.S. Bankruptcy Court
Judge: Judge Goldblatt
Attorneys: For plaintiff:
for defendant:
Case Number: D69701
Director/officer breach of fiduciary duty claims dismissed to the extent those claims were based on allegedly unlawful conduct that occurred outside of the statute of limitations period prior to the filing of debtor's bankruptcy petition.
Publication Date: 2022-01-11
Practice Area: Energy and Natural Resources
Industry: Energy | Real Estate
Court: U.S. Bankruptcy Court
Judge: Judge Goldblatt
Attorneys: For plaintiff:
for defendant:
Case Number: D69676
Under Texas law, a contracted oil and gas operator held the status of a co-tenant with the other holders of working interests, which merely obligated the operator to pay the other tenants the value of any production on those tenants' interests minus cost of production.
Publication Date: 2021-10-27
Practice Area: Bankruptcy
Industry: Manufacturing
Court: U.S. Bankruptcy Court
Judge: Judge Goldblatt
Attorneys: For plaintiff:
for defendant:
Case Number: D69585
In this adversary proceeding, the court found that the litigation trustee had met his burden in pleading plausible factual al-legations to show the court had subject-matter jurisdiction over the matter, personal jurisdiction over defendant, and had pled facts sufficient to state a claim for aiding and abetting breach of fiduciary duty.
Publication Date: 2021-09-29
Practice Area: Bankruptcy
Industry: Energy
Court: U.S. Bankruptcy Court
Judge: Judge Goldblatt
Attorneys: For plaintiff:
for defendant:
Case Number: D69554
The court denied a motion to stay an order confirming a plan of reorganization in bankruptcy, because the moving party failed to act promptly and did not demonstrate a likelihood of success on the merits.
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