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Publication Date: 2024-11-19
Practice Area: Bankruptcy
Industry: Cargo and Shipping | Transportation
Court: U.S. Bankruptcy Court
Judge: Judge Goldblatt
Attorneys: For plaintiff:
for defendant:
Case Number: 23-11069 (CTG)
Pension Benefit Guaranty Corporation had statutory authority to issue regulations restricting the use of federal funds provided as special financial assistance to distressed pension plans for affecting employers' ERISA withdrawal liability.
Publication Date: 2024-11-12
Practice Area: Bankruptcy
Industry: Retail
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Erika F. Johnson, Steven D. Adler, Bayard, P.A., Wilmington, DE; Joseph L. Steinfeld, Jr., Richard J. Reding, ASK LLP, St. Paul, MN; Edward E. Neiger, ASK LLP, New York, NY for appellant.
for defendant: James Tobia, The Law Offices of James Tobia, LLC, Wilmington, DE; Roland Gary Jones, Jones & Associates, New York, NY for appellee.
Case Number: 19-11984-CTG
Bankruptcy court's exclusive reliance on standard deviation to determine whether payments were made in the ordinary course of business was insufficient to grant summary judgment.
Publication Date: 2024-11-12
Practice Area: Bankruptcy
Industry: Manufacturing
Court: U.S. District Court of Delaware
Judge: District Judge Hall
Attorneys: For plaintiff: Gary Perryman, Linda Perryman, Brandyn Perryman, Miami Beach, FL, pro se appellants.
for defendant: Mette H. Kurth, Culhane PLLC, Wilmington, DE for appellee.
Case Number: 22-10541 (TMH)
Bankruptcy court appropriately granted sanctions to screen future pro se filings after litigants had filed numerous baseless and vexatious filings in bankruptcy case.
Publication Date: 2024-10-15
Practice Area: Bankruptcy
Industry: Chemicals and Materials | Construction | Energy
Court: U.S. District Court of Delaware
Judge: District Judge Connolly
Attorneys: For plaintiff: Michael J. Joyce, Joyce, LLC, Wilmington, DE; Alicia M. Bendana, Jennifer E. Berriere, Coleman L. Torrans, Lugenbuhl, Wheaton, Peck, Rankin & Hubbard, New Orleans, LA for appellant.
for defendant: Eric M. Sutty, Armstrong Tisdale, LLP, Wilmington, DE; Miles C. Thomas, Miles Thomas Law, LLC, New Orleans, LA for appellee.
Case Number: 21-11226 (CTG)
Bankruptcy court erred in ruling that liquidating trustee could not bring claims against debtor's former parent where liquidating plan allowed trust to pursue claims against "executives," and parent qualified as such as debtor's sole member and manager.
Publication Date: 2024-10-08
Practice Area: Bankruptcy
Industry: Agriculture | Investments and Investment Advisory
Court: U.S. Bankruptcy Court
Judge: Judge Goldblatt
Attorneys: For plaintiff:
for defendant:
Case Number: 24-10267 (CTG)
An opt-out mechanism was insufficient to validate releases of creditors' claims against non-parties in a bankruptcy plan of reorganization where Supreme Court precedent made nonconsensual releases per se illegal and there had to be some affirmative act of assent to make the release consensual.
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Publication Date: 2024-10-08
Practice Area: Bankruptcy
Industry: Investments and Investment Advisory
Court: U.S. District Court of Delaware
Judge: District Judge Connolly
Attorneys: For plaintiff: Eric D. Schwartz, Daniel B. Butz, Evanthea Hammer, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Paul Werner, A. Jospeh Jay, III, Sheppard Mullin Richter & Hampton, LLP, Washington, DC; Edward H. Tillinghast, III, Sheppard Mullin Richter & Hampton, LLP, New York, NY for appellant.
for defendant: Jaco R. Kirkham, Stephen J. Astringer, Kobre & Kim LLP, Wilmington, DE; Adam M. Lavine, John G. Conte, Kobre & Kim LLP, New York, NY; Adriana Riviere-Badell, Evelyn Baltodano Sheehan, Kobre & Kim LLP, Miami, FL for appellee.
Case Number: 22-10261 (TMH)
Bankruptcy court appropriately extended automatic stay to foreign main proceeding where permitted by the Bankruptcy Code and under the principles of international comity after the foreign court similarly imposed a stay.
Publication Date: 2024-10-01
Practice Area: Bankruptcy
Industry: Consumer Products | Distribution and Wholesale | Retail
Court: U.S. Bankruptcy Court
Judge: Judge Shannon
Attorneys: For plaintiff:
for defendant:
Case Number: 19-12689 (BLS)
Genuine issues of material fact precluded summary judgment in avoidance/recovery adversary action where debtors had obtained court approval to pay critical vendors but debtors paid substantially more than initially identified and evidence suggested defendant may have pressured debtors to make timely payments during preference period.
Publication Date: 2024-09-17
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)
Court found that defendant possessed monopoly power where it held over 70 percent of the relevant product/geographic market, which had high barriers to entry, and that defendant exercised that power through demanding long-term contracts and barring third parties from working with competitors.
Publication Date: 2024-09-10
Practice Area: Bankruptcy
Industry: Financial Services and Banking
Court: U.S. District Court of Delaware
Judge: District Judge Williams
Attorneys: For plaintiff:
for defendant:
Case Number: 22-11309-MFW
No error in declining dismissal of bankruptcy petition where debtor was balance sheet insolvent and reasonably anticipated filing for bankruptcy absent reorganization.
Publication Date: 2024-08-27
Practice Area: Bankruptcy
Industry: Financial Services and Banking | Investments and Investment Advisory
Court: U.S. Bankruptcy Court
Judge: Judge Horan
Attorneys: For plaintiff:
for defendant:
Case Number: 23-11240 (TMH)
Court authorized unsecured creditors committee to pursue fraudulent transfer claims against first-priority secured creditor where it allegedly forced debtor to concede financial control that the secured creditor used to obtain potentially avoidable transactions.
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