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Publication Date: 2023-12-11
Practice Area: Bankruptcy
Industry: Hospitality and Lodging | Real Estate
Court: U.S. Bankruptcy Court
Judge: Judge Goldblatt
Attorneys: For plaintiff:
for defendant:
Case Number: 23-11463 (CTG)
Court granted motion to dismiss debtor's bankruptcy petition where a receivership order entered by another district court stripped debtor of the authority to file a petition, since debtor could not launch a collateral attack on the merits of the district court's order or its jurisdiction.
Publication Date: 2023-11-27
Practice Area: Bankruptcy
Industry: Investments and Investment Advisory | Real Estate
Court: U.S. Bankruptcy Court
Judge: Judge Goldblatt
Attorneys: For plaintiff:
for defendant:
Case Number: 15-11931 (CTG)
Court erred in capping fees for work performed on both a §303(i) motion and a §362(k) complaint since the debtor could have obtained its full fees had it only filed the complaint and was thus effectively "punished" for filing the motion.
Publication Date: 2023-11-20
Practice Area: Bankruptcy
Industry: Manufacturing | Mining and Resources
Court: U.S. Bankruptcy Court
Judge: Judge Goldblatt
Attorneys: For plaintiff:
for defendant:
Case Number: 16-11626 (CTG)
Although Third Circuit precedent entitled litigant to unseal motion and attach documents pursuant to the public right of access to judicial records, the court certified the case for direct appeal to the Third Circuit to evaluate opposing party's contention that litigant had improper purposes for the motion to unseal.
Publication Date: 2023-11-06
Practice Area: Bankruptcy
Industry: Financial Services and Banking
Court: U.S. Bankruptcy Court
Judge: Judge Horan
Attorneys: For plaintiff:
for defendant:
Case Number: 23-11240 (TMH)
Court denied motion to transfer venue where there was no indication debtors had attempted to "manufacture" venue and transfer would not facilitate the efficient resolution of the case.
Publication Date: 2023-10-02
Practice Area: Bankruptcy
Industry: Manufacturing
Court: U.S. District Court of Delaware
Judge: District Judge Williams
Attorneys: For plaintiff: Susan E. Kaufman, Law Office of Susan E. Kaufman, LLC, Wilmington, DE; Nathan Kilbert, Assistant General Counsel, United Steel Workers, Pittsburgh, PA; Richard M. Seltzer, Melissa S. Woods, Sommer Omar, Cohen, Weiss and Simon LLP, New York, NY for appellant.
for defendant: B. Nelson Sproat, Blank Rome LLP, Wilmington, DE; Andrew Herman, John Lucian, Blank Rome LLP, Philadelphia, PA for appellee.
Case Number: 22-10252 (JTD)
Relying on the general principle that, notwithstanding a bankruptcy court's authority to extinguish liabilities incurred prior to the sale of the debtor's assets, the court cannot insulate a purchaser from liability for claims arising after the sale due to the purchaser's conduct, the court concluded that appellee's status as a successor to debtor's business was determined by its post-sale conduct in hiring a majority of its workforce from the predecessor and maintaining substantial continuity in business operations.
Law Journal Press | Digital Book
Authors: Michael R. Griffinger, Paul F. Cullum III
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Publication Date: 2023-09-11
Practice Area: Bankruptcy
Industry: Consulting | Investments and Investment Advisory | Retail
Court: U.S. Bankruptcy Court
Judge: Judge Stickles
Attorneys: For plaintiff:
for defendant:
Case Number: 20-12816(JKS)
The court denied motions to dismiss counts alleging breach of fiduciary duties, aiding and abetting breach of fiduciary duties, recharacterization of debt to equity, and equitable subordination arising from defendants' control of debtor that led to its bankruptcy.
Publication Date: 2023-09-11
Practice Area: Bankruptcy
Industry: Financial Services and Banking | Construction | Energy
Court: U.S. District Court of Delaware
Judge: District Judge Connolly
Attorneys: For plaintiff: Robert J. Denhey, Andrew R. Remming, Matthew 0. Talmo, Morris Nichols Arsht & Tunnell LLP, Wilmington, DE; David Dunn, Allison Wuertz, Hogan Lovells US LLP, New York, NY for appellant.
for defendant: Brian A. Sullivan, Werb & Sullivan, Wilmington, DE; Don Fogel, Fogel & McEvily, LLC, Houston, TX for appellee.
Case Number: 22-1371-CFC
Bankruptcy court correctly dismissed statutory disgorgement and turnover claims against assignee of unlicensed contractor who held invoices owed by debtor, where California's statutory provision authorizing recovery of sums paid to unlicensed contractor did not extent to other parties.
Publication Date: 2023-09-11
Practice Area: Bankruptcy
Industry: Chemicals and Materials | Energy
Court: U.S. Bankruptcy Court
Judge: Judge Goldblatt
Attorneys: For plaintiff:
for defendant:
Case Number: 16-11501 (CTG)
Creditor's cross-motion for leave to file an amended proof of claim denied where, once the bar date for filing proof of claims has passed, a proof of claim typically cannot be amended to add claims that were not included within the scope of the original proof of claim that did not put the debtor and other interested parties on notice of the extent of the amended claim.
Publication Date: 2023-08-28
Practice Area: Bankruptcy
Industry: Pharmaceuticals
Court: U.S. Bankruptcy Court
Judge: Judge Dorsey
Attorneys: For plaintiff:
for defendant:
Case Number: 19-11292 (JTD)
Court granted bankruptcy trustee's motion for summary judgment to recover legal costs advanced to company CEO where the executive was convicted of racketeering conspiracy arising from the course of his duties, rendering him ineligible for indemnification under his agreement with the company.
Publication Date: 2023-08-21
Practice Area: Bankruptcy
Industry: Real Estate
Court: Delaware Supreme Court
Judge: Justice Goldblatt
Attorneys: For plaintiff:
for defendant:
Case Number: 23-10687 (CTG)
The bankruptcy court found sufficient cause to lift the stay to allow an unlawful detainer action against debtor pending in California to go forward, concluding that resolution of the dispute was best left to the California courts.
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