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Publication Date: 2019-07-03
Practice Area: Bankruptcy
Industry: Energy | Investments and Investment Advisory
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Bibas
Attorneys: For plaintiff: GianClaudio Finizio and Neil B. Glassman, Bayard P.A., Wilmington, DE; Jeremy C. Hollembeak, Michael S. Kim, Benjamin J. Sauter and Andrew D. Wang, Kobre & Kim, New York, NY for Delaware Trust Co. Ashley R. Altschuler and R. Craig Martin, DLA Piper, Wilmington, DE
for defendant: Thomas J. Curtin, Ellen M. Halstead, Howard R. Hawkins, Jr., Michele Maman and Mark C. Ellenberg, Cadwalader Wicker-sham & Taft, New York, NY and Washington, DC; Scott B. Czerwonka, Wilks Lukoff & Bracegirdle, Wilmington, DE for Mor-gan Stanley Capital Group Inc. George A. Davis, Latham & Watkins, New York, NY; Michael D. DeBaecke, Ashby & Geddes, Wilmington, DE; Peter M. Friedman, Jonathan Rosenberg and Daniel S. Shamah, O'Melveny & Myers, Washington, DC and New York, NY; Thomas R. Hooper and Mark D. Kotwick, Seward & Kissel, New York, NY; Joseph H. Huston, Jr., Stevens & Lee, Wilmington, DE for Wilmington Trust N.A. Mark E. Felger and Simon Fraser, Cozen O'Connor, Wilmington, DE; Hu-mayun Khalid, Thomas J. Moloney and Sean A. O'Neal, Cleary Gottlieb Steen & Hamilton, New York, NY for J. Aron & Co. Bradley R. Aronstam and Nicholas D. Mozal, Ross Aronstam & Moritz, Wilmington, DE , Adam B. Banks, Weil Gotshal & Manges, New York, NY for Titan Investment Holdings LP.
Case Number: D68617
Following approval of a bankruptcy plan and corporate restructuring, payments and distributions to creditors were no longer considered collateral or proceeds under the waterfall provision of an intercreditor agreement.
Publication Date: 2019-07-03
Practice Area: Bankruptcy
Industry: Investments and Investment Advisory | Mining and Resources
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys: For plaintiff:
for defendant:
Case Number: D68619
Parties in this bankruptcy matter lacked standing to object to debtor's plan of reorganization.
Publication Date: 2019-05-01
Practice Area: Bankruptcy
Industry: Distribution and Wholesale | Technology Media and Telecom
Court: U.S. Bankruptcy Court
Judge: Judge Walrath
Attorneys: For plaintiff: R. Grant Dick, IV and Robert W. Pedigo, Cooch and Taylor, P.A., Wilmington, DE for plaintiff.
for defendant: Dennis A. Meloro, Greenberg Traurig LLP, Wilmington, DE, Annapoorni R. Sankaran, Holland & Knight LLP, Houston, TX for defendant.
Case Number: D68544
Stipulation between debtor and secured creditor required dismissal of bankruptcy trustee's avoidance action where transfers were made in ordinary course of business and parties would likely have no difficulty in collection at time of stipulation.
Publication Date: 2019-04-24
Practice Area: Bankruptcy
Industry: Accounting
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Chagares
Attorneys: For plaintiff:
for defendant:
Case Number: D68535
Breach of fiduciary duty against company controllers dismissed with prejudice where complainant could not establish that managers acted in bad faith in pursuing and consummating merger that allegedly led to debtor's financial difficulties.
Publication Date: 2019-03-20
Practice Area: Bankruptcy | Environmental Law
Industry: Chemicals and Materials
Court: U.S. Bankruptcy Court
Judge: Judge Sontchi
Attorneys: For plaintiff: Robert J. Dehney, Curtis S. Miller and Daniel B. Butz, Morris, Nichols, Arsht & Tunnell, LLP, Wilmington, DE; Robert Lemons, Weil, Gotshal & Manges LLP, New York, NY; Edward Soto, Miami, FL for Repsol defendants.
for defendant: Brian E. Farnan and Michael J. Farnan, Farnan LLP, Wilmington, DE; J. Christopher Shore,White & Case LLP, New York, NY for liquidating trustee.
Case Number: D68497
Bankruptcy court declined to abstain because neither mandatory abstention nor the Rooker-Feldman doctrine applied to the facts, and permissive abstention would interfere with the creditors' recovery.
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Publication Date: 2019-03-06
Practice Area: Bankruptcy
Industry: Financial Services and Banking
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Ambro
Attorneys: For plaintiff: Douglas A. Campbell and Kathryn L. Harrison, Campbell & Levine, Pittsburgh, PA for appellant.
for defendant: Neal H. Levin, Freeborn & Peters, Chicago, IL for appellee.
Case Number: D68479
Bankruptcy court did not err in utilizing non-necessities approach to determine fraudulent transfer liability involving an entireties account, but moving forward bankruptcy courts should utilize a pro rata approach to calculate liability.
Publication Date: 2019-01-16
Practice Area: Bankruptcy
Industry: Financial Services and Banking | Energy
Court: U.S. Bankruptcy Court
Judge: Judge Sontchi
Attorneys: For plaintiff: Mark D. Collins and Jason M Madron, Richards, Layton & Finger, P.A., Wilmington, DE; M. Natasha Labovitz, Craig A. Bruens, Nick S. Kaluk, III and Elie J. Worenklein, Debevoise & Plimpton LLP, New York, NY for debtors.
for defendant: Jeffrey M. Schlerf and L. John Bird, Fox Rothschild LLP, Wilmington, DE; Thomas E. Lauria, White & Case LLP, Miami, FL; Roberto Kampfner, White & Case LLP, Los Angeles, CA; Douglas P. Baumstein, J. Christopher Shore and Andrew Zatz, White & Case LLP, New York, NY for LNV Corp. Jody C. Baril-lare, Morgan, Lewis & Bockius LLP, Wilmington, DE; Glenn E. Siegel, Joshua Dorchak and Rachel Jaffe Mauceri, Morgan, Lewis & Bockius LLP, New York, NY for the ad hoc group of second lien creditors.
Case Number: D68427
The bankruptcy court granted the motion of a first-lien lender to enforce an intercreditor agreement which pro-vided that its lien was to be satisfied in full, prior to any payment for the group of second-lien lenders.
Publication Date: 2019-01-16
Practice Area: Bankruptcy | Deals and Transactions
Industry: Consulting | Entertainment and Leisure
Court: U.S. Bankruptcy Court
Judge: Judge Carey
Attorneys: For plaintiff:
for defendant:
Case Number: D68426
Litigation trustee was entitled to summary judgment in this fraudulent transfer matter, because the debtor was insolvent at the time of the transaction and no exchange or reasonably equivalent value occurred.
Publication Date: 2018-12-19
Practice Area: Bankruptcy | Copyrights
Industry: Advertising | Technology Media and Telecom
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys: For plaintiff:
for defendant:
Case Number: D68396
The bankruptcy court properly dismissed counterclaims based on claim preclusion, judicial estoppel and col-lateral estoppel, and its fee award was objectively reasonable.
Publication Date: 2018-11-14
Practice Area: Bankruptcy
Industry: Investments and Investment Advisory
Court: U.S. Bankruptcy Court
Judge: Judge Silverstein
Attorneys: For plaintiff:
for defendant:
Case Number: D68352
Adversary proceeding not dismissed on jurisdictional grounds where bankruptcy trustee could assign debtor's legal claims to creditors, since those creditors would ultimately benefit from a distribution of any recovery on those claims.
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