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Publication Date: 2020-11-04
Practice Area: Bankruptcy
Industry: Financial Services and Banking | Investments and Investment Advisory | Real Estate
Court: U.S. Bankruptcy Court
Judge: Judge Dorsey
Attorneys: For plaintiff:
for defendant:
Case Number: D69176
Prevailing party's motion for costs incurred in adversary proceedings granted despite the procedural irregularity of the prevailing party's request.
Publication Date: 2020-09-30
Practice Area: Bankruptcy
Industry: Construction | Federal Government | Insurance
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys: For plaintiff: Scott G. Wilcox, Moore and Rutt, P.A., Wilmington, DE; Andrew S. Kent, Chiesa Shahinian & Giantomasi P.C., West Orange, NJ for appellant.
for defendant: Richard M. Beck, Klehr Harrison Harvey Branzburg, LLP, Wilmington, DE; David T.B. Audley, Matthew T. Benz, Chapman and Cutler LLP, Chicago, IL for appellee.
Case Number: D69136
Surety's partial subrogation rights were extinguished by creditor's release and waiver of claim where surety had not yet completed full performance under its bond at the time of release and thus had its subrogation rights subordinated to the creditor.
Publication Date: 2020-09-23
Practice Area: Bankruptcy
Industry: Federal Government | Health Care
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Joseph H. Hunt, Assistant Attorney General; David C. Weiss, United States attorney; Ellen W. Sleights, Assistant United States Attorney, Wilmington, DE; Ruth A. Harvey, Lloyd H. Randolph, Seth B. Shapiro, Andrew Warner, Commercial Litigation Branch, U.S. Department of Justice for appellant.
for defendant: Derek C. Abbott, Curtis S. Miller, Daniel B. Butz, Morris Nichols Arsht & Tunnell LLP, Wilmington, DE for appellees.
Case Number: D69130
The government's withholding of Medicare payments after debtors filed bankruptcy was a violation of the automatic stay.
Publication Date: 2020-09-09
Practice Area: Bankruptcy
Industry: Financial Services and Banking | Consumer Products
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys: For plaintiff: Robert M. Hirsh, Beth M. Brownstein, James H. Hulme and Jackson D. Toof, Arent Fox LLP, New York, NY and Washington, DC; Frederick B. Rosner, Scott J. Leonhardt and Jason A. Gibson, The Rosner Law Group LLC, Wilmington, DE for appellant.
for defendant: Matthew M. Murphy, Nicholas A. Bassett and Brendan M. Gage, Paul Hastings LLP, Chicago, IL; M. Blake Cleary and Michael Neiburg, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE for appellee.
Case Number: D69112
A credit bid at an auction of debtors' assets did not constitute a "final" bid, so that bid did not cap the value of the creditor's secured collateral.
Publication Date: 2020-09-02
Practice Area: Bankruptcy
Industry: Technology Media and Telecom
Court: U.S. District Court of Delaware
Judge: District Judge Walrath
Attorneys: For plaintiff: Curtis A. Hehn, Wilmington, DE; Thomas E. Patterson and Sasha M. Gurvitz, KTBS Law, Los Angelos, CA for Netflix, Inc. Mary F. Caloway, Buchanan Ingersoll & Rooney PC , Wilmington, DE for Sartraco, Inc. David Stratton, David Fournier and Evelyn Meltzer, Troutman Pepper Hamilton LLP, Wilmington, DE for Spyglass Media Group LLC. Mark Collins, Richards, Layton & Finger, Wilmington, DE
for defendant: Paul H. Zumbro, George E. Zobitz and Karin A. DeMasi, Cravath, Swaine & Moore LLP, New York, NY for debtors
Case Number: D69107
Bankruptcy court denied a motion to compel compliance with a sale order, because licensing rights did not revert to the moving party upon termination of a distribution agreement.
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Authors: SHARI L. KLEVENS, ALANNA G. CLAIR
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Publication Date: 2020-08-12
Practice Area: Bankruptcy
Industry: Federal Government | Insurance
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Richard E. Zuckerman, Principal Deputy Assistant Attorney General; Christopher J. Williamson and Ward W. Benson, Tax Division, U.S. Department of Justice, Washington, DC for appellant.
for defendant: Jeffrey L. Moyer, Travis S. Hunter, and Arun J. Mohan, Richards Layton & Finger, P.A., Wilmington, DE for appellee.
Case Number: D69080
Bankruptcy court erred in attempting to bifurcate corporate income taxes from a straddle year when tax law provided that annual income taxes only accrued and became liable on the last day of the tax year.
Publication Date: 2020-07-01
Practice Area: Bankruptcy
Industry: Energy
Court: U.S. District Court of Delaware
Judge: District Judge Connolly
Attorneys: For plaintiff: William A. Hazeltine, Morris, Sullivan, Hazeltine Allison LLP, Wilmington, DE for plaintiff.
for defendant: Don A. Beskrone and Stacy L. Newman, Ashby & Geddes, Wilmington, DE for defendant.
Case Number: D69032
Seller's warranty of good title free of liens and encumbrances to an initial purchaser served to waive seller's right to assert a lien against a subsequent purchaser from the initial purchaser.
Publication Date: 2020-05-06
Practice Area: Bankruptcy
Industry: Entertainment and Leisure
Court: U.S. Bankruptcy Court
Judge: Judge Walrath
Attorneys: For plaintiff: Herbert Beigel, Herbert Beigel & Associates, LLC, Tucson, AZ; Joseph Grey, Cross & Simon LLC, Wilmington, DE for plaintiff.
for defendant: Dennis A. Meloro and Nancy A. Peterman, Greenberg Traurig, LLP, Chicago, IL; George M. Vinci, Jr. and Neal R. Troum, Spector Gadon Rosen Vinci P.C., Philadelphia, PA for defendants.
Case Number: D68969
Bankruptcy court granted a motion in limine regarding the admissibility of certain court opinions, but it denied the remainder of defendants' motions in limine.
Publication Date: 2020-05-06
Practice Area: Bankruptcy
Industry: Consumer Products | Recruitment and Staffing
Court: U.S. Bankruptcy Court
Judge: Judge Sontchi
Attorneys: For plaintiff: Michael B. Schaedle, Victoria Guilfoyle, and Brian J. Hall, Blank Rome LLP, Wilmington, DE; Mark S. Indelicato and Jeffrey Zawadzki, Hahn & Hessen LLP, New York, NY for plaintiff.
for defendant: Jennifer O. Johnson, Careers USA, Inc. General Counsel, Boca Raton, FL; Timothy J. Weiler, Wilmington, DE for defendants.
Case Number: D68968
Summary judgment on avoidance actions denied to the extent there remained factual disputes as to whether the transfers qualified as preferential or constructively fraudulent, in particularly whether certain transfers were made on account of an antecedent debt.
Publication Date: 2020-04-29
Practice Area: Bankruptcy
Industry: Investments and Investment Advisory
Court: U.S. Bankruptcy Court
Judge: Judge Sontchi
Attorneys: For plaintiff: Jeremy W. Ryan and R. Stephen McNeill, Potter Anderson & Corroon LLP, Wilmington, DE for the equity group. Christopher S. Simon and Kevin S. Mann, Cross & Simon, Wilmington, DE; Michael S. Etkin, Lowenstein Sandler LLP, Roseland, NJ for lead plaintiff.
for defendant: Laura Davis Jones, Alan J. Kornfeld, James E. O’Neill and Elissa A. Wagner, Pachulski Stang Ziehl & Jones LLP, Wilmington, DE for SS Body Armor I, Inc. Frederick B. Rosner, Scott J. Leonhardt and Jason A. Gibson, The Rosner Law Group LLC, Wil-mington, DE; Robert M. Hirsh and Beth M. Brownstein, Arent Fox LLP, New York, NY for the recovery trust.
Case Number: D68964
The bankruptcy court had the power to aggregate remission payments realized by any of the parties and to redistribute them in accordance with the bankruptcy plan.
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