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Publication Date: 2017-12-13
Practice Area: Bankruptcy
Industry: Legal Services
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Restrepo
Attorneys: For plaintiff:
for defendant:
Case Number: D67973
Complaint regarding a conflict of interest in a bankruptcy proceeding was time-barred because the statute of limitations on all causes of action expired before the complaint was filed, and equitable tolling did not apply. Affirmed.
Publication Date: 2017-11-29
Practice Area: Bankruptcy | Corporate Governance
Industry: Manufacturing
Court: U.S. District Court of Delaware
Judge: District Judge Stark
Attorneys: For plaintiff:
for defendant:
Case Number: D67954
Plaintiff failed to allege sufficient facts with regard to its breach of fiduciary duty and fraudulent transfer claims against cor-porate officers and directors. Affirmed.
Publication Date: 2017-11-29
Practice Area: Bankruptcy
Industry: Technology Media and Telecom
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Vanaskie
Attorneys: For plaintiff:
for defendant:
Case Number: D67953
Where the parent corporation of plaintiffs employer did not assume contractual liability for plaintiffs employment, plaintiff lacked creditor standing to bring a derivative action. Dismissal affirmed.
Publication Date: 2017-11-22
Practice Area: Bankruptcy
Industry: Health Care
Court: U.S. Bankruptcy Court
Judge: Judge Gross
Attorneys: For plaintiff: N/A
for defendant: N/A
Case Number: D67945
A litigation trust failed to demonstrate good cause in support of its motion to amend to name additional de-fendants, and the applicable fraudulent transfer law did not permit punitive damages. Motion to amend denied.
Publication Date: 2017-11-22
Practice Area: Bankruptcy | Creditors' and Debtors' Rights | Environmental Law
Industry: 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, and Elie J. Worenklein, Debevoise & Plimpton LLP, New York, NY, attorneys for plaintiff
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; Xavier Becerra, Attorney General of California; Robert W. Byrne, Senior Assistant Attorney General; Eric M. Katz, Supervising Deputy Attorney General; H. Alexander Fisch, Deputy Attorney General; J. Christopher Shore and Andrew Zatz; White & Case LLP, New York, NY, attorneys for defendants.
Case Number: D67943
Debtors electricity generating facility was able to be sold free and clear of liability to surrender instruments under state greenhouse gas cap-and-trade program where state regulations did not explicitly provide for successor liability overriding bankruptcy codes requirement allowing assets to be sold clear of encumbrances.
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Authors: Trey Cox, Jason Dennis
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Publication Date: 2017-11-15
Practice Area: Bankruptcy | Business Torts
Industry: Health Care
Court: U.S. Bankruptcy Court
Judge: Judge Gross
Attorneys: For plaintiff: N/A
for defendant: N/A
Case Number: D67939
Bankruptcy court determined that: 1) recovery for a fraudulent transfer is not capped by the amount of the creditor claims; 2) a result which allowed a defendant who engaged in a fraudulent transfer to keep most or all of the transferred money was inequitable; 3) a trustee may avoid a transfer beyond the extent necessary to satisfy a creditors claim; and 4) if the litigation trustee was successful, the court found no windfall to the creditors from recovery in the fraudulent transfer action.
Publication Date: 2017-11-08
Practice Area: Bankruptcy
Industry:
Court: U.S. Bankruptcy Court
Judge: Judge Shannon
Attorneys: For plaintiff: Hannah Mufson McCollum, Office of the United States Trustee, attorney for plaintiff
for defendant: Robert F. Martin, pro se defendant.
Case Number: D67928
Court imposed treble fees and civil sanctions against non-attorney providing bankruptcy petition preparation services in violation of 11 U.S.C. 110, after having been twice enjoined from similar conduct.
Publication Date: 2017-10-11
Practice Area: Bankruptcy
Industry: Aerospace | Retail
Court: U.S. Bankruptcy Court
Judge: Judge Walrath
Attorneys: For plaintiff: Andrew L. Magaziner and Robert A. Klyman for debtors; Ayesha C. Bennett and Jason M. Torf for O2Cool, LLC; Richard G. Placey and Rick Aaron Steinberg for OOCL (USA), Inc.
for defendant: Robert J. Dehney, Gregory W. Werkheiser, Daniel B. Butz, Robert J. Stark, William R. Baldiga and May Orenstein for Wil-mington Savings Fund Society; Gregory A. Taylor, Benjamin W. Keenan, Donald E. Rothman and Paul S. Samson for Bank of America; Andrew M. Dean, Mark D. Collins, Kevin J. Simard and Douglas R. Gooding for Wells Fargo Bank.
Case Number: D67899
Bankruptcy court determined that a stop shipment notice received from one who was not a consignor was ineffective, and the goods became property of the debtors bankruptcy estate. Motion for summary judgment granted.
Publication Date: 2017-10-11
Practice Area: Bankruptcy | Creditors' and Debtors' Rights
Industry: Real Estate
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Chagares
Attorneys: For plaintiff: Steven D. Sanfelippo, Cunningham Swaim, Dallas, TX, attorney for appellant
for defendant: Dennis M. Ryan, W. T. Roberts, III, and Jane E. Maschka, Faegre Baker Daniels, Minneapolis, MN, attorneys for appellees.
Case Number: D67894
Bankruptcy courts determination of debtors date of insolvency supported by competent evidence of debtors ability to pay creditors without liquidation, ability to sell assets at greater-than-liquidation prices, and continued ability to obtain financing immediately preceding insolvency.
Publication Date: 2017-09-06
Practice Area: Bankruptcy | Patent Litigation
Industry: Software
Court: U.S. Bankruptcy Court of Delaware
Judge:
Attorneys: For plaintiff:
for defendant:
Case Number: D67858
Extrinsic evidence relating to an ambiguous contract term indicated that the parties' licensing agreement included a royalty buy out for the lifetime of covered products, and use of the licensed tec
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