• In re: NNN 400 Capitol Ctr. 16 LLC

    Publication Date: 2021-10-27
    Practice Area: Bankruptcy
    Industry: Legal Services
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D69588

    Bankruptcy court properly sanctioned and disqualified special counsel where it failed to disclose the nature of its business structure and the fact that it had financial arrangements that were adverse to the interests of debtor clients regarding matters for which counsel had been retained.

  • In re: Sportco Holdings, Inc.

    Publication Date: 2021-10-20
    Practice Area: Bankruptcy
    Industry: Distribution and Wholesale
    Court: U.S. Bankruptcy Court
    Judge: Judge Stickles
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D69581

    Breach of duty and loyalty claims were not dismissed where complaint alleged sufficient facts to support inference that directors and officers failed to fully inform them of risks of acquisition transaction, and may have declined an out-of-court restructuring when they failed to obtain personal benefit in the restructuring.

  • In re Extraction Oil & Gas, Inc.

    Publication Date: 2021-10-06
    Practice Area: Bankruptcy
    Industry: Energy
    Court: U.S. District Court of Delaware
    Judge: District Judge Sontchi
    Attorneys: For plaintiff: Maria Aprile Sawczuk, Steven Yachik, Goldstein & McClintock LLP, Chicago, IL; Steven Louis-Prescott, Hamre, Rodriguez Ostrander & Dingess, P.C., Denver, CO; Matthew D. Skeen, Jr., Skeen & Skeen, P.C., Denver, CO for plaintiffs.
    for defendant: Marc R. Abrams, Richard W. Riley, Stephen B. Gerald, Whiteford, Taylor & Preston LLC, Wilmington, DE; Christopher Marcus, P.C., Allyson Smith Weinhouse, Ciara Foster, Kirkland & Ellis LLP, New York, NY; Anna Rotman, P.C.m Kenneth Young, Kirkland & Ellis LLP, Houston, TX for reorganized debtors.

    Case Number: D69564

    Bankruptcy court granted a motion to dismiss an adversary proceeding for lack of subject matter jurisdiction, because royalty claimants failed to exhaust their administrative remedies under state law.

  • In re: MTE Holdings, LLC

    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.

  • In re Abeinsa Holding Inc.

    Publication Date: 2021-09-22
    Practice Area: Bankruptcy
    Industry: Financial Services and Banking | Construction | State and Local Government
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Phipps
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D69543

    Proof of claim arising from unpaid contractor invoices properly dismissed where California law prohibited payment for unlicensed contractor work performed in the state.

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  • In re: Zohar III, Corp.

    Publication Date: 2021-09-08
    Practice Area: Bankruptcy
    Industry: Investments and Investment Advisory
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Norman L. Pernick, G. David Dean, Patrick J. Reilley, Cole Schotz, PC, Wilmington, DE; Monica K. Loseman, Gibson, Dunn & Crutcher LLP, Denver, CO; Randy M. Mastro, Akiva Shapiro, Michael L. Nadler, Gibson, Dunn & Crutcher LLP, New York, NY; Michael G. Farag, Gibson, Dunn & Crutcher LLP, Los Angeles, CA for appellant.
    for defendant: James L. Patton, Jr., Robert S. Brady, Michael R. Nestor, Joseph M. Barry, Ryan M. Bartley, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE for debtors.

    Case Number: D69533

    Bankruptcy court properly interpreted a disputed term based on the plain language of the contract itself, so extrinsic evidence was not necessary.

  • In re: F-Squared Inv. Mgmt., LLC

    Publication Date: 2021-08-25
    Practice Area: Bankruptcy
    Industry: Investments and Investment Advisory
    Court: U.S. Bankruptcy Court
    Judge: Judge Silverstein
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D69513

    Certain tax distributions made by debtor were for reasonably equivalent value, so the court granted defendants' motion for summary judgment against the trustee's fraudulent transfer claims.

  • In re: TK Holdings, Inc.

    Publication Date: 2021-07-28
    Practice Area: Bankruptcy
    Industry: Automotive | Manufacturing
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: James F. DeBouno, pro se appellant, Voorhees, NJ;
    for defendant: Stanley B. Tarr, Blank Rome LLP, Wilmington, DE; David J. Molton, Cameron Moxley, Gerard T. Cicero, Uchechi A. Egeonuigwe, Brown Rudnick LLP, New York, NY for trustee of Takata Airbag Tort Compensation Trust.

    Case Number: D69481

    The court affirmed a decision by the bankruptcy court which rejected certain claims because debtors did not manufacture the sensor that was responsible for claimants' injuries.

  • In re: Nine Point Energy Holdings, Inc.

    Publication Date: 2021-07-28
    Practice Area: Bankruptcy
    Industry: Energy | Transportation
    Court: U.S. Bankruptcy Court
    Judge: Judge Walrath
    Attorneys: For plaintiff: Michael R. Nestor, Kara Hammond Coyle, Michael S. Neiburg, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Richard A. Levy, Caroline A. Reckler, Jonathan Gordon, Latham & Watkins LLP, Chicago, IL; George A. Davis, Nacif Taousse, Alistair K. Fatheazam, Jonathan J. Weichselbaum, Latham & Watkins LLP, New York, NY; Heather Lennox, Robert S. Faxon, Jones Day, Cleveland, OH for plaintiffs.
    for defendant: Edward Soto, Weil Gotshal & Manges LLP, Miami, FL; Alfredo Perez, Weil Gotshal & Manges LLP, Houston, TX; Philip Bentley, Stephen Zide, Caroline Gange, Kramer Levin Naftalis & Frankel LLP, New York, NY; Curtis S. Miller, Taylor M. Haga, Nader A. Amer, Morris, Nichols, Arsht & Tunnell, LLP, Wilmington, DE for defendants.

    Case Number: D69480

    Declarations and interests in midstream services agreement did not create a covenant running with mineral interest because the agreement only concerned the provision of personal benefits to the interest-holder, not any benefit to its real property.

  • In re: EHT US1, Inc.

    Publication Date: 2021-06-30
    Practice Area: Bankruptcy
    Industry: Financial Services and Banking | Investments and Investment Advisory | Real Estate
    Court: U.S. Bankruptcy Court
    Judge: Judge Sontchi
    Attorneys: For plaintiff: Mark D. Collins, Brendan J. Schlauch, Megan E. Kenney, Richards, Layton & Finger, P.A., Wilmington, DE; P. Sabin Willett, Morgan, Lewis & Bockius LLP, Boston, MA; Jennifer Feldsher, New York, NY; David M. Riley, Los Angeles, CA for plaintiff.
    for defendant: Seth Van Aalten, G. David Dean, Justin R. Alberto, Cole Schotz, P.C., Wilmington, DE; Luc A. Despins, G. Alexander Bongartz, Paul Hastings LLP, New York, NY for defendant.

    Case Number: D69447

    Bankruptcy courts were to look to the laws of the jurisdiction where a foreign entity was formed and resided to determine if its structure qualified it to be a debtor under the Bankruptcy Code.