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Publication Date: 2023-05-02
Practice Area: Bankruptcy
Industry: Health Care
Court: U.S. Bankruptcy Court
Judge: Judge Goldblatt
Attorneys: For plaintiff:
for defendant:
Case Number: 18-12491 (CTG)
Creditors holding legal claims against a debtor were not required to file a lawsuit outside of the bankruptcy process in addition to filing a proof of claim to preserve their claims from the expiration of the statute of limitations, as the bankruptcy code required evaluating proof of claims as of the date of the bankruptcy filing, and requiring the filing of separate lawsuits ran contrary to the purpose of bankruptcy to provide a single forum to resolve claims against a debtor.
Publication Date: 2023-04-25
Practice Area: Bankruptcy
Industry: Financial Services and Banking | E-Commerce | Investments and Investment Advisory
Court: U.S. Bankruptcy Court
Judge: Judge Dorsey
Attorneys: For plaintiff:
for defendant:
Case Number: 20-12836 (JTD)
Claims of aiding and abetting breaches of fiduciary duties failed where plaintiff failed to plead facts showing that defendants knew of debtor company's problems or that knowledge of those problems would alert defendants to debtor's officers' breaches of fiduciary duties.
Publication Date: 2023-04-25
Practice Area: Bankruptcy
Industry: Consulting | Insurance
Court: U.S. District Court of Delaware
Judge: District Judge Connolly
Attorneys: For plaintiff: Gregory L. Arbogast, Keith M. Lusby, Gebhardt & Smith LLP, Wilmington, DE for appellant.
for defendant: Mark E. Felger, Barry M. Klayman, Gregory F. Fischer, Cozen O'Connor, Wilmington, DE for appellee.
Case Number: 20-10524 (JTD)
Bankruptcy court's jurisdiction to determine whether disputed funds were part of a debtor's estate did not "impair" the enforcement of state insurance laws and therefore did not trigger reverse preemption.
Publication Date: 2023-04-25
Practice Area: Bankruptcy
Industry: Insurance
Court: U.S. Bankruptcy Court
Judge: Judge Goldblatt
Attorneys: For plaintiff:
for defendant:
Case Number: 23-10097 (CTG)
Court declined to approve opt-out procedure for obtaining creditor consent to third-party releases, where the court's prior order may have had the effect of preventing certain creditors from learning about their claims against debtors or the third-party beneficiaries until after the deadline to opt out.
Publication Date: 2023-04-04
Practice Area: Bankruptcy
Industry: Hospitality and Lodging | Legal Services
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys: For plaintiff: Busenkell, Ronald S. Gellert, Bradley P. Lehman, Gellert Scali Buskenell & Brown, LLC; Michael T. Mihm, Jason B. Wesoky, James E. Fogg, Ogborn Mihm LLP for appellants.
for defendant: John D. Demmy, Saul Ewing Arnstein & Lehr LLP, Wilmington, DE; Brad D. Brian, Bethany W. Kristovich, Munger, Torres & Olson LLP, Los Angeles, CA for appellee.
Case Number: 22-689 (MN)
The court affirmed an order of the Bankruptcy Court which denied debtor's request to limit certain provisions of their Chapter 11 Plan.
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Authors: Joseph S. Britton
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Publication Date: 2023-03-21
Practice Area: Bankruptcy
Industry: Financial Services and Banking | E-Commerce
Court: U.S. Bankruptcy Court
Judge: Judge Goldblatt
Attorneys: For plaintiff: N/a
for defendant: N/a
Case Number: 20-12836 (JTD)
The court granted debtors' trustees' request to clarify a previous court order indicating that the trust may acquire third-party claims in instances involving separate litigation claims. Although defendant corporation argued that the trustees lacked standing to bring the claims, the court disagreed and noted that because the trustees were post-confirmation entities, they did not need to seek the bankruptcy court's approval prior to filing an action.
Publication Date: 2023-03-07
Practice Area: Bankruptcy
Industry: Energy | Manufacturing
Court: U.S. Bankruptcy Court
Judge: Judge Goldblatt
Attorneys: For plaintiff:
for defendant:
Case Number: 22-10493 (CTG)
Following confirmed plan of reorganization that released debtors' claims against their equity sponsors, court directed plaintiffs with tort claims arising from explosion at debtors' facility to revise their complaint to remove any claims or allegations of veil piercing, as piercing the corporate veil constituted an estate claim that had been released rather than claim belonging to plaintiffs.
Publication Date: 2023-02-28
Practice Area: Bankruptcy
Industry:
Court: U.S. Bankruptcy Court
Judge: Judge Stickles
Attorneys: For plaintiff:
for defendant:
Case Number: 21-11269 (JKS)
Motion to convert bankruptcy proceeding denied where debtor had no assets or income, making Chapter 11 bankruptcy unfeasible, and where facts indicated that conversion was sought as a forum-shopping tactic to assert state law claims against non-debtor parties.
Publication Date: 2023-02-07
Practice Area: Bankruptcy
Industry: Energy
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Freeman
Attorneys: For plaintiff:
for defendant:
Case Number: 22-1807
The court affirmed the District Court's order affirming the Bankruptcy Court's enforcement order and reconsideration order on the grounds that the Bankruptcy Court had jurisdiction under 28 U.S.C. § 157 (b)(2)(L), (N), which affords the bankruptcy court with jurisdiction over the confirmation of plans and orders approving the sale of property as well as the fact that the parties were bound to a sales agreement, which clearly served as consent to the Sale approved by the Bankruptcy Court
Publication Date: 2023-01-31
Practice Area: Bankruptcy
Industry:
Court: U.S. Bankruptcy Court
Judge: Judge Stickles
Attorneys: For plaintiff:
for defendant:
Case Number: 18-11668 (JKS)
After judgment was entered in favor of debtor defendants, they requested compensatory and punitive damages.
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