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Publication Date: 2018-08-22
Practice Area: Bankruptcy | Civil Appeals | Creditors' and Debtors' Rights
Industry: Energy
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Ambro
Attorneys: For plaintiff: Philip D. Anker, George W. Shuster, Jr., Benjamin W. Loveland, Adam G. Landis and Matthew B. McGuire for appellants
for defendant: Michael D. DeBaecke, Mark D. Kotwick, Bradley R. Aronstam, Nicholas D. Mozal, Benjamin J. Schladweiler, George A. Davis, Jonathan Rosenberg, Daniel S. Shamah, Andrew Sorkin and Peter M. Friedman for appellees; Neil B. Glassman and Michael S. Kim for amicus curiae in support of appellants.
Case Number: D68258
Appellants were not entitled to a distribution because they did not qualify for any priority treatment under the waterfall provisions of an inter-creditor agreement.
Publication Date: 2018-08-22
Practice Area: Bankruptcy | Contracts | Trade Secrets
Industry:
Court: U.S. Bankruptcy Court
Judge: Judge Gross
Attorneys: For plaintiff:
for defendant:
Case Number: D68255
Motion to dismiss bankruptcy adversary complaint denied where debtor alleged affirmative post-petition act by defendants involving their continuous use of debtors' proprietary information to steal debtor's employees and customers.
Publication Date: 2018-08-22
Practice Area: Bankruptcy
Industry:
Court: U.S. Bankruptcy Court
Judge: Judge Sontchi
Attorneys: For plaintiff: Anthony W. Clark, Stephen J. Della Penna, George A. Zimmerman, Lauren E Aguiar and Wallis M. Hampton for defendants
for defendant: Pauline K. Morgan, Joel A. Waite, Jaime Luton Chapman, Michael S. Neiburg, Bruce Bennett, James O. Johnston, Gregory M. Shumaker, David S. Torborg, Jennifer L. Del Medico and Genna L. Ghaul for Paragon Litigation Trust.
Case Number: D68260
The bankruptcy court compelled arbitration as to an unjust enrichment claim, but denied the motion as to other claims involving defendants who were not parties to the agreement containing the arbitration clause.
Publication Date: 2018-08-22
Practice Area: Bankruptcy
Industry: Entertainment and Leisure
Court: U.S. Bankruptcy Court
Judge: Judge Gross
Attorneys: For plaintiff:
for defendant:
Case Number: D68259
Bankruptcy court determined that a chapter 11 proceeding should be converted to one under chapter 7, rather than being dismissed.
Publication Date: 2018-08-08
Practice Area: Bankruptcy
Industry: Real Estate
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Fuentes
Attorneys: For plaintiff:
for defendant:
Case Number: D68241
The parties' sale agreement provided that only disputed items were required to be submitted to an arbitrator, so questions of contract interpretation were for the bankruptcy court to decide.
Law Journal Press | Digital Book
Authors: Daniel A. Cohen, Joshua Feinstein
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Publication Date: 2018-08-01
Practice Area: Bankruptcy
Industry: Electronics
Court: U.S. Bankruptcy Court
Judge: Judge Carey
Attorneys: For plaintiff:
for defendant:
Case Number: D68234
The court granted a motion by the trustee for a final decree which established a litigation reserve, barred shareholders from filing suit without the court's authorization, and allowed the destruction of certain documents.
Publication Date: 2018-08-01
Practice Area: Bankruptcy
Industry: Real Estate
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Cowen
Attorneys: For plaintiff:
for defendant:
Case Number: D68233
A landlord was not entitled to enforce a profit sharing provision in connection with the assignment of a com-mercial lease, because enforcement of this anti-assignment provision was precluded by the bankruptcy code.
Publication Date: 2018-07-25
Practice Area: Bankruptcy
Industry: Advertising
Court: U.S. Bankruptcy Court
Judge: Judge Sontchi
Attorneys: For plaintiff: Stephen E. Jenkins and Ricardo Palacio, Ashby & Geddes, P.A., Wilmington, DE, attorneys for trustee
for defendant: Craig Martin, DLA Piper LLP, Wilmington, DE; Jeffrey A. Rosenfeld, Alston & Bird LLP, Los Angeles, CA, attorneys for defendant.
Case Number: D68223
Fraudulent transfer claims sustained where bankruptcy trustee sufficiently pled constructive fraud by alleging transfer was made for no consideration, and sufficiently pled actual fraud by also alleging that defendants were insolvent and debtors were made to transfer more than they could afford.
Publication Date: 2018-07-18
Practice Area: Bankruptcy
Industry: Advertising | Education
Court: U.S. Bankruptcy Court
Judge: Judge Sontchi
Attorneys: For plaintiff: Ricardo Palacio, Andrew D. Cordo, Lauren Dunkle Fortunato and Hayley M. Lenahan for chapter 7 trustee
for defendant: Scott D. Cousins and Evan T. Miller for defendant.
Case Number: D68220
Bankruptcy court had subject matter jurisdiction over a trustee's pre-discharge adversary proceeding to recover accounts re-ceivable in this chapter 7 matter.
Publication Date: 2018-07-18
Practice Area: Bankruptcy
Industry: Energy
Court: U.S. Bankruptcy Court
Judge: Judge Sontchi
Attorneys: For plaintiff: Neil B. Glassman, Scott D. Cousins, Justin R. Alberto, Robert W. Jones, Brent R. McIlwain and Brian Smith for debtors
for defendant: Marcos A. Ramos, Brendan J. Schlauch, John S. Hodge and R. Jospeh Naus for liquidating trust.
Case Number: D68218
The parties did not have a justiciable controversy before the bankruptcy court, so the court declined to issue an advisory opinion on the matter.
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