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  • RCS Creditor Trust v. Schulte Roth & Zabel LLP

    Publication Date: 2018-05-30
    Practice Area: Bankruptcy
    Industry: Legal Services
    Court: U.S. Bankruptcy Court
    Judge: Judge Walrath
    Attorneys: For plaintiff: Ronald S. Gellert, Joseph L. Steinfeld, Kara E. Casteel, Bethany J. Rubis and Edward E. Neiger for RCS Creditor Trust
    for defendant: Adam G. Landis, James S. Green, Jr. and Michael L. Cook, for Schulte Roth & Zabel.
    Case Number: D68162

    After weighing the factors regarding transfer of this proceeding for avoidance of pre-petition transfers, the court concluded that the case should remain in the district where the underlying bankruptcy case was filed.

  • In re AE Liquidation, Inc.

    Publication Date: 2018-05-16
    Practice Area: Bankruptcy
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Mariani
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D68145

    Payments during the bankruptcy preference period did not qualify as being in the ordinary course of business because the payment terms had changed, and the bankruptcy court had adequate information from which to calculate a creditors new value defense.

  • In re JMO Wind Down, Inc.

    Publication Date: 2018-05-02
    Practice Area: Bankruptcy
    Industry: Investments and Investment Advisory | Technology Media and Telecom
    Court: U.S. Bankruptcy Court
    Judge: Judge Shannon
    Attorneys: For plaintiff: Michael R. Nestor, Peter M. Gihuly and Andrew R. Gray for Jumio Acquisition; Adam G. Landis, Shanti M. Katona and George W. Shuster, Jr. for debtors and liquidating trustee
    for defendant: Matthew B. Heimann, Charles A. Stanziale, Jr. Steven A. Beckelman, Jeffrey T. Testa and Kate Roggio Buck for Bloso Investments; Leo D. Plotkin, Andrew John Roth-Moore, Christopher C. Cooke, Michael G. Busenkell, Bryan L. Bates, Charles E. Dorkey, III, Thomas F. Driscoll, III, Ian C. Bifferato, Kimberly Gattuso, Todd Charles Schiltz, Michael L. Bernstein, William P. Bowden and “J” Jackson Shrum for remaining parties.
    Case Number: D68121

    Bankruptcy court determined that a partys state court claims were derivative rather than direct claims, and therefore they belonged to the liquidating trustee.

  • In re Taylor-Wharton Intl LLC

    Publication Date: 2018-05-02
    Practice Area: Bankruptcy
    Industry: Manufacturing
    Court: U.S. Bankruptcy Court
    Judge: Judge Shannon
    Attorneys: For plaintiff: Patrick A. Jackson for Worthington Cryogenics, LLC
    for defendant: Derek J. Baker and Emily K. Devan for debtors.
    Case Number: D68125

    Purchaser of debtors assets was not entitled to reformation of contract based on mutual mistake because purchaser was a sophisticated party and failed to exercise due diligence.

  • In Re: Money Ctrs. Of Am., Inc.

    Publication Date: 2018-05-02
    Practice Area: Bankruptcy | Native American Law
    Industry: Financial Services and Banking
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D68120

    Bankruptcy code did not abrogate Native American tribal sovereign immunity, where there was no express reference to Indian or Native American tribes in the bankruptcy codes immunity waiver provision.

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

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  • Stanziale v. Richards, Layton & Finger, P.A.

    Publication Date: 2018-05-02
    Practice Area: Bankruptcy
    Industry: Legal Services
    Court: U.S. Bankruptcy Court
    Judge: Judge Sontchi
    Attorneys: For plaintiff: Mark M Billion and Erin J. Kennedy for plaintiff
    for defendant: Marcos A. Ramos and Joseph Barsalona II for defendant.
    Case Number: D68123

    Bankruptcy trustee was precluded from amending a complaint where the parties had previously entered a stipulated dismissal of the subject claims, and revival prejudiced defendant.

  • In re Taylor-Wharton Intl LLC

    Publication Date: 2018-04-25
    Practice Area: Bankruptcy
    Industry: Manufacturing
    Court: U.S. Bankruptcy Court
    Judge: Judge Shannon
    Attorneys: For plaintiff: Patrick A. Jackson for Worthington Cryogenics, LLC
    for defendant: Derek J. Baker and Emily K. Devan for debtors.
    Case Number: D68125

    Purchaser of debtors assets was not entitled to reformation of contract based on mutual mistake because purchaser was a sophisticated party and failed to exercise due diligence.

  • Stanziale v. Richards, Layton & Finger, P.A.

    Publication Date: 2018-04-25
    Practice Area: Bankruptcy
    Industry: Legal Services
    Court: U.S. Bankruptcy Court
    Judge: Judge Sontchi
    Attorneys: For plaintiff: Mark M Billion and Erin J. Kennedy for plaintiff
    for defendant: Marcos A. Ramos and Joseph Barsalona II for defendant.
    Case Number: D68123

    Bankruptcy trustee was precluded from amending a complaint where the parties had previously entered a stipulated dismissal of the subject claims, and revival prejudiced defendant.

  • In re JMO Wind Down, Inc.

    Publication Date: 2018-04-25
    Practice Area: Bankruptcy
    Industry:
    Court: U.S. Bankruptcy Court
    Judge: Judge Shannon
    Attorneys: For plaintiff: Michael R. Nestor, Peter M. Gihuly and Andrew R. Gray for Jumio Acquisition; Adam G. Landis, Shanti M. Katona and George W. Shuster, Jr. for debtors and liquidating trustee
    for defendant: Matthew B. Heimann, Charles A. Stanziale, Jr. Steven A. Beckelman, Jeffrey T. Testa and Kate Roggio Buck for Bloso Investments; Leo D. Plotkin, Andrew John Roth-Moore, Christopher C. Cooke, Michael G. Busenkell, Bryan L. Bates, Charles E. Dorkey, III, Thomas F. Driscoll, III, Ian C. Bifferato, Kimberly Gattuso, Todd Charles Schiltz, Michael L. Bernstein, William P. Bowden and “J” Jackson Shrum for remaining parties.
    Case Number: D68121

    Bankruptcy court determined that a partys state court claims were derivative rather than direct claims, and therefore they belonged to the liquidating trustee.

  • In Re: Money Ctrs. Of Am., Inc.

    Publication Date: 2018-04-25
    Practice Area: Bankruptcy | Native American Law
    Industry: Financial Services and Banking
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D68120

    Bankruptcy code did not abrogate Native American tribal sovereign immunity, where there was no express reference to Indian or Native American tribes in the bankruptcy codes immunity waiver provision.