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Publication Date: 2021-06-02
Practice Area: Bankruptcy
Industry: Energy
Court: U.S. District Court of Delaware
Judge: District Judge Stickles
Attorneys: For plaintiff:
for defendant:
Case Number: D69420
Bankruptcy court had authority to enter orders enforcing a sale order and the order of confirmation, and the moving party failed to demonstrate a clear error of law or fact.
Publication Date: 2021-04-21
Practice Area: Bankruptcy
Industry: Energy | Legal Services
Court: U.S. District Court of Delaware
Judge: District Judge Sontchi
Attorneys: For plaintiff: Adam G. Landis, Matthew B. McGuire, Landis Rath & Cobb LLP, Wilmington, DE; Victor L. Hou, Ari E. MacKinnon, Cleary Gottleib Steen & Hamilton LLP, New York, NY for YPF defendants.
for defendant: Brian E. Farnan, Michael J. Farnan, Farnan LLP, Wilmington, DE; J. Christopher Shore, Matthew L. Nichol-son, White & Case LLP, New York, NY for liquidating trust.
Case Number: D69369
Bankruptcy court denied a motion to disqualify the firm that served as lead counsel for a liquidating trust, because the firm had implemented a screen with respect to an attorney who had joined the firm.
Publication Date: 2021-04-14
Practice Area: Bankruptcy
Industry: Insurance | Non-Profit
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Jonathan Hacker, O’Melveny & Myers LLP, Washington, DC; Tancred Schiavoni, Janine Panchok-Berry, An-drew Kirschenbaum, O’Melveny & Myers LLP, New York, NY; Stamatios Stamoulis, Stamoulis & Weinblatt LLP, Wilmington, DE for appellant.
for defendant: Jessica C.K. Boelter, Sidley Austin LLP, New York, NY; Thomas A. Labuda, Michael C. Andolina, Matthew E. Linder, Sidley Austin LLP, Chicago, IL; Derek C. Abbott, Andrew R. Remming, Eric W. Moats, Morris Nich-ols Arsht & Tunnell LLP, Wilmington, DE for appellees.
Case Number: D69363
The bankruptcy court did not err in setting a bar date and establishing a claim form for sexual abuse claim-ants.
Publication Date: 2021-04-07
Practice Area: Bankruptcy
Industry: E-Commerce
Court: U.S. District Court of Delaware
Judge: District Judge Walrath
Attorneys: For plaintiff: Albert H. Manwaring, IV, Morris James LLP, Wilmington, DE; Kevin N. Anderson, Fabian VanCott, Salt Lake City, UT for UD Liquidating Trust. Eric Lopez Schnabel, Alessandra Glorioso, Dorsey & Witney (Delaware) LLP, Wilmington, DE; Milo Steven Marsden, Sarah Goldberg, Dorsey & Whitney LLP, Salt Lake City, UT for Sphere defendants.
for defendant: L. Katherine Good, Matthew F. Davis, Potter Anderson & Corroon, Wilmington, DE; Brian R. Carney, Kris-ten Diane White, Akin Gump Strauss Hauer & Feld LLP, New York, NY for Cyrus defendants.
Case Number: D69355
Bankruptcy court determined that it had personal jurisdiction over defendants in this core proceeding and the statute of limitations did not bar plaintiff's claims.
Publication Date: 2021-04-07
Practice Area: Bankruptcy
Industry: Food and Beverage | Real Estate | Retail
Court: U.S. District Court of Delaware
Judge: District Judge Dorsey
Attorneys: For plaintiff:
for defendant:
Case Number: D69354
The bankruptcy court rejected a landlord's administrative expense claim, because the lease provided that trade fixtures remained debtors' property.
Law Journal Press | Digital Book
Authors: Janet K. Colaneri
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Publication Date: 2021-03-31
Practice Area: Bankruptcy
Industry: Insurance
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys: For plaintiff: Frederick B. Rosner, Zhao (Ruby) Liu, The Rosner Law Group LLC, Wilmington, DE; Douglas H. Wigdor, Bryan L. Arbeit, Wigdor LLP, New York, NY; Kevin Mintzer, The Law Office Of Kevin Mintzer, P.C., New York, NY; Thomas P. Giuffra, Rheingold Giuffra Ruffo & Plotkin LLP, New York, NY for appellants.
for defendant: Robert J. Feinstein, Debra I. Grassgreen, Jason H. Rosell, Colin R. Robinson, Pachulski Stang Ziehl & Jones LLP, Wilmington, DE for appellee.
Case Number: D69342
Bankruptcy court properly approved non-consensual third-party releases of insurers and directors/officers in liquidation plan where releases necessary to secure funds from released parties needed to satisfy creditor claims.
Publication Date: 2021-02-24
Practice Area: Bankruptcy
Industry: Financial Services and Banking | Investments and Investment Advisory
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Fisher
Attorneys: For plaintiff:
for defendant:
Case Number: D69304
District court properly affirmed bankruptcy court's overruling of preferred securities class member's objection to settlement where examination of the merits demonstrated that liquidating trust properly negotiated and entered into the settlement.
Publication Date: 2021-02-10
Practice Area: Bankruptcy
Industry: Energy
Court: U.S. Bankruptcy Court
Judge: Judge Owens
Attorneys: For plaintiff:
for defendant:
Case Number: D69290
Creditor did not comply with state lien law requirements and it failed to obtain relief from the automatic stay, so its liens were void.
Publication Date: 2021-01-20
Practice Area: Bankruptcy
Industry: Energy | Insurance | Investments and Investment Advisory
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Damian S. Schaible, James I. McClammy, David B. Toscano, Aryeh Ethan Falk, Davis Polk & Wardwell LLP, New York, NY; Robert J. Dehney, Andrew R. Remming, Paige N. Topper, Morris Nichols Arsht & Tunnell LLP, Wilmington, DE for appellant.
for defendant: Richard I. Werder, Jr, Deborah Newman, David M. Cooper, Zachary Russell of Quinn Emanuel Urquhart & Sullivan, LLP, New York, NY; William P. Bowden, Stacy L. Newman, Ashby & Geddes, P.A., Wilmington, DE for appellee.
Case Number: D69266
An intercreditor agreement designated the party who had a first priority security interest with respect to the proceeds of certain business interruption insurance.
Publication Date: 2021-01-06
Practice Area: Bankruptcy
Industry: Health Care
Court: U.S. Bankruptcy Court
Judge: Judge Shannon
Attorneys: For plaintiff: M. Blake Cleary, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Abid Qureshi, Akin Gump Strauss Hauer & Feld LLP, New York, NY for debtors.
for defendant: Donald J. Detweiler, Troutman Pepper, Wilmington, DE; James P. Muenker, Neligan, LLP, Dallas, TX for movant.
Case Number: D69248
Lump sum adjustment from Centers for Medicare and Medicaid Services received by debtors constituted a "settlement" and therefore qualified as a purchased asset that debtors were required to turn over under the terms of the parties' asset purchase agreement.
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