• In re: Hosp. Acquisition LLC

    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.

  • In re: DSI Renal Holdings, LLC

    Publication Date: 2020-12-16
    Practice Area: Bankruptcy
    Industry: Health Care | Investments and Investment Advisory
    Court: U.S. Bankruptcy Court
    Judge: Judge Owens
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D69224

    While one individual defendant owed fiduciary duties to debtors, trustee's adversary proceeding against other defendants failed where trustee presented no evidence those defendants had knowledge of their participation in an alleged transaction to fraudulently withdraw assets from debtors.

  • LandSource Cmtys. Dev. LLC v. Citizens Against Corporate Crime, LLC

    Publication Date: 2020-12-16
    Practice Area: Bankruptcy
    Industry: Real Estate
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Rendell
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D69227

    The bankruptcy court properly reopened a case for the purpose of interpreting and enforcing its confirma-tion order, and it correctly concluded that certain parties had signed a broad release, so they were barred from pursuing other litigation relating to the bankruptcy claims.

  • In re Welded Constr., L.P.

    Publication Date: 2020-12-16
    Practice Area: Bankruptcy
    Industry: Construction | Energy
    Court: U.S. Bankruptcy Court
    Judge: Judge Sontchi
    Attorneys: For plaintiff: David W. Carickhof, Archer & Greiner, P.C., Wilmington, DE; Charles S. Kelley, Andrew C. Elkhoury, Mayer Brown LLP, Houston, TX for Columbia Gas Transmission.
    for defendant: Stephen A. Venzie, Sally J. Daugherty, Cohen, Seglias, Pallas, Greenhall & Furman, P.C., Wilmington, DE for Earth Pipeline Serv., Inc.

    Case Number: D69225

    A subcontractor waived its right to assert a mechanic's lien.

  • In re: Imerys Talc Am., Inc.

    Publication Date: 2020-12-09
    Practice Area: Bankruptcy
    Industry: Chemicals and Materials | Insurance
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Stamatios Stamoulis, Stamoulis & Weinblatt LLC, Wilmington, DE; Tancred Schiavoni, Janine Panchok-Berry, O’Melveny & Myers LLP, New York, NY for appellants.
    for defendant: Michael J. Merchant, Marcos A. Ramos, Richards, Layton & Finger, P.A., Wilmington, DE; Jeffrey E. Bjork, Amy C. Quartarolo, Helena G. Tseregounis, Latham & Watkins LLP, Los Angeles, CA; Richard A. Levy, Latham & Watkins LLP, Chicago, IL; Roman Martinez, Gregory B. in den Berken, Latham & Watkins LLP, Washington, DC; Robert S. Brady, Edwin J. Harroun, Sara Beth A.R. Kohut, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE for appellees.

    Case Number: D69216

    No error in bankruptcy court's appointment of future claimants' representative and counsel where adverse parties had waived actual conflict of interest and any other remaining conflict would not prejudice the case.

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  • PacNet Capital v. Skye Mineral Partners, LLC

    Publication Date: 2020-12-09
    Practice Area: Bankruptcy
    Industry: Financial Services and Banking | Mining and Resources
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D69218

    The bankruptcy court did not abuse its discretion in dismissing a petition for involuntary bankruptcy, because the party who filed the petition acted in bad faith. Affirmed.

  • In re: HDR Holdings, Inc.

    Publication Date: 2020-11-25
    Practice Area: Bankruptcy
    Industry: Manufacturing
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Pauline K. Morgan, Sean T. Greecher, Joseph M. Mulvihill, Jared W. Kochenash, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE for HDR Holdings, Inc. and Schramm, Inc. Donald J. Detweiler, John H. Schanne, II, Pepper Hamilton LLP, Wilmington, DE for Official Comm. of Unsecured Creditors of HDR Hold-ings, Inc. Michael D. DeBaecke, Ashby & Geddess P.A., Wilmington, DE for DNOW L.P.
    for defendant: Jamie L. Edmonson, Robinson & Cole LLP, Wilmington, DE; Carey D. Schreiber, Winston & Strawn LLP, New York, NY for GenNx360 Capital Partners, L.P. and Schramm II Inc.

    Case Number: D69201

    Appellants' failure to seek a stay of the bankruptcy court's sale order deprived the district court of juris-diction to consider their appeals.

  • In re: NNN 400 Capital Ctr. 16, LLC

    Publication Date: 2020-11-04
    Practice Area: Bankruptcy
    Industry: Financial Services and Banking | Investments and Investment Advisory | Real Estate
    Court: U.S. Bankruptcy Court
    Judge: Judge Dorsey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D69176

    Prevailing party's motion for costs incurred in adversary proceedings granted despite the procedural irregularity of the prevailing party's request.

  • In re: LTC Holdings, Inc.

    Publication Date: 2020-09-30
    Practice Area: Bankruptcy
    Industry: Construction | Federal Government | Insurance
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Scott G. Wilcox, Moore and Rutt, P.A., Wilmington, DE; Andrew S. Kent, Chiesa Shahinian & Giantomasi P.C., West Orange, NJ for appellant.
    for defendant: Richard M. Beck, Klehr Harrison Harvey Branzburg, LLP, Wilmington, DE; David T.B. Audley, Matthew T. Benz, Chapman and Cutler LLP, Chicago, IL for appellee.

    Case Number: D69136

    Surety's partial subrogation rights were extinguished by creditor's release and waiver of claim where surety had not yet completed full performance under its bond at the time of release and thus had its subrogation rights subordinated to the creditor.

  • In re THGH Liquidating LLC

    Publication Date: 2020-09-23
    Practice Area: Bankruptcy
    Industry: Federal Government | Health Care
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Joseph H. Hunt, Assistant Attorney General; David C. Weiss, United States attorney; Ellen W. Sleights, Assistant United States Attorney, Wilmington, DE; Ruth A. Harvey, Lloyd H. Randolph, Seth B. Shapiro, Andrew Warner, Commercial Litigation Branch, U.S. Department of Justice for appellant.
    for defendant: Derek C. Abbott, Curtis S. Miller, Daniel B. Butz, Morris Nichols Arsht & Tunnell LLP, Wilmington, DE for appellees.

    Case Number: D69130

    The government's withholding of Medicare payments after debtors filed bankruptcy was a violation of the automatic stay.