• In re: Ctr. City Healthcare, LLC

    Publication Date: 2022-06-28
    Practice Area: Bankruptcy
    Industry: Health Care
    Court: U.S. Bankruptcy Court
    Judge: Judge Walrath
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D69865

    Claim for avoidance of preferential transfers was not dismissed where debtors had adequately identified transfers eligible for avoidance and also alleged diligent investigation into the eligibility of such transfer for avoidance and the possibility of defenses that could be raised against avoidance.

  • In re: Main St. Bus. Funding, LLC

    Publication Date: 2022-06-21
    Practice Area: Bankruptcy
    Industry: Financial Services and Banking
    Court: U.S. Bankruptcy Court
    Judge: Judge Shannon
    Attorneys: For plaintiff: John P. Lane, Jr., Berwyn, PA, pro se plaintiff.
    for defendant: Ricardo Palacio, Ashby & Geddes, P.A., Wilmington, DE, attorney for trustee.

    Case Number: D69861

    Perfected security interest did not cover proceeds from commercial tort litigation where the proceeds were acquired after the security interest was established and where the interest only included a general claim to the intangible property of the debtor.

  • In re: Paragon Offshore PLC

    Publication Date: 2022-04-26
    Practice Area: Bankruptcy
    Industry: Investments and Investment Advisory
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Per Curiam
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D69793

    Shareholder's appeal of Chapter 11 plan denied where equity holders lacked standing where debtor would not have any assets for equity holders after satisfying claims of its creditors.

  • In re Tonopah Solar Energy, LLC

    Publication Date: 2022-04-19
    Practice Area: Bankruptcy
    Industry: Energy
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Edmon L. Morton, Matthew B. Lunn, Ashley E. Jacobs, Jared W. Kochenash, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Paul V. Shalhoub, Todd G. Cosenza, Charles D. Cording, Ciara A. Copell, Willkie Farr & Gallagher LLP, New York, NY for appellant.
    for defendant: Francis G.X. Pileggi, Cheneise V. Wright, Lewis Brisbois Bisgaard & Smith LLP, Wilmington, DE; Vincent F. Alexander, Lewis Brisbois Bisgaard & Smith LLP, Fort Lauderdale, FL; Andrew Bluth, Lewis Brisbois Bisgaard & Smith LLP, Sacramento, CA for appellees.

    Case Number: D69786

    Bankruptcy court did not abuse discretion in sua sponte invoking the permissive abstention doctrine to adjudicate claim objections where doing so would not materially affect administration of the bankruptcy estate and the claim objections largely sought to adjudicate the merits of an underlying litigation that involved the rights of other parties not involved in the bankruptcy proceeding.

  • In re Mallinckrodt PLC

    Publication Date: 2022-04-12
    Practice Area: Bankruptcy
    Industry: Pharmaceuticals | State and Local Government
    Court: U.S. District Court of Delaware
    Judge: District Judge Stark
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D69780

    Bankruptcy court properly authorized debtors' payment of professional fees incurred under a restructuring support agreement where payment of the fees advanced debtors' interests by facilitating resolution of legal claims against debtors and its Chapter 11 restructuring.

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  • In re Ne. Gas Generation LLC

    Publication Date: 2022-04-05
    Practice Area: Bankruptcy
    Industry: Energy
    Court: U.S. Bankruptcy Court
    Judge: Judge Walrath
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D69769

    The court denied as contrary to the express terms of the plan the request to reopen the bankruptcy case for the purpose of reconsidering the allowed amount of the First Lien Claims and modifying their treatment under the confirmed and consummated Plan.

  • In re Delloso

    Publication Date: 2022-04-05
    Practice Area: Bankruptcy
    Industry: Construction
    Court: U.S. Bankruptcy Court
    Judge: Judge Goldblatt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D69767

    The court denied creditor's request to reopen the bankruptcy case because it was clear that the creditor was not entitled to the relief it sought.

  • In Re: NNN 400 Capitol Ctr. 16 LLC

    Publication Date: 2022-04-05
    Practice Area: Bankruptcy
    Industry: Legal Services | Real Estate
    Court: U.S. District Court of Delaware
    Judge: District Judge Connolly
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D69771

    Bankruptcy court did not err in issuing a contempt order based on appellant's failure to comply with an order for the disgorgement of fees, where the bankruptcy court had not impermissibly expanded the scope or nature of appellant's status as a fictitious entity, as appellant had previously represented itself as one.

  • In re Maxus Energy Corp.

    Publication Date: 2022-04-05
    Practice Area: Bankruptcy
    Industry: Consulting | Energy | Insurance
    Court: U.S. Bankruptcy Court
    Judge: Judge Sontchi
    Attorneys: For plaintiff: Brian E. Farnan, Michael J. Farnan, Farnan LLP, Wilmington, DE; J. Christopher Shore, White & Case, New York, NY for the Liquidating Trust.
    for defendant: Marc J. Phillips, Montgomery McCracken Walker & Rhodes LLP, Wilmington, DE; Edward L. Schnitzer, New York, NY for Arcina Risk Group, LLC.

    Case Number: D69768

    The court held that creditor Arcina did not establish that its failure to file a timely proof of claim was the result of excusable neglect.

  • In re Art Van Furniture LLC

    Publication Date: 2022-04-05
    Practice Area: Bankruptcy
    Industry: Retail
    Court: U.S. Bankruptcy Court
    Judge: Judge Sontchi
    Attorneys: For plaintiff: Michael J. Joyce Joyce LLC, Wilmington, DE for plaintiffs.
    for defendant: Bradford J. Sandler, Beth Levine, Colin R. Robinson, Peter J. Keane, Pachulski Stang Ziehl & Jones LLP for Chapter 7 Trustee

    Case Number: D69766

    The court found that debtor owner and liquidators of a furniture company were not required to provide the 60-day Federal Worker Adjustment and Retraining Notification Act notice because the imposition of various government orders due to the coronavirus outbreak and the outbreak itself constituted an unforeseeable business circumstance and natural disaster that exempted the debtor from the WARN Act.