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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.
Publication Date: 2024-08-13
Practice Area: Bankruptcy
Industry: Legal Services | Pharmaceuticals
Court: U.S. District Court of Delaware
Judge: District Judge Williams
Attorneys: For plaintiff: Derek C. Abbott, Matthew O. Talmo, Morris Nichols Arsht & Tunnell LLP, Wilmington, DE; Eric D. Madden, Reid Collins & Tsai LLP, Dallas, TX; Keith Y. Cohan, Ryan M. Goldstein, Morgan M. Menchaca, Reid Collins & Tsai LLP, Austin, TX for plaintiff.
for defendant: Michael W. McDermott, Peter C. McGivney, Berger Harris LLP, Wilmington, DE; Richard C. Pedone, Brian T. Kelly, Nixon Peabody LLP, Boston, MA for defendant.
Case Number: 19-11292 (JTD)
Court determined that former officer was obligated to repay advanced legal expenses where he was ultimately convicted on a single racketeering conspiracy charge that included the same alleged predicate racketeering activities as the first indictment, undermining claims of partial success in the criminal prosecution.
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Publication Date: 2024-07-30
Practice Area: Bankruptcy
Industry: Investments and Investment Advisory
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys: For plaintiff: Pieter Van Tol, Christoper R. Bryant, Elizabeth Carter, Hogan Lovells US, LLP, New York, NY; David Massey, Hogan Lovells US, LLP, Miami, FL; Evan T. Miller, Saul Ewing LLP, Wilmington, DE; Turner N. Falk, Saul Ewing LLP, Philadelphia, PA for appellants.
for defendant: Susheel Kirpalani, Benjamin Finestone, William B. Adams, Daniel Holzman, Jianjian Ye, Quinn Emanuel Urquhart & Sullivan LLP, New York, NY; Robert S. Brady, Kenneth J. Enos, Jared W. Kochenash, Timothy R. Powell, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; George W. Hicks, Jr., Kirkland & Ellis LLP, Washington, DC; Seth M. Cohen, Kirkland & Ellis LLP, San Francisco, CA; Patrick J. Nash, Jr., Kirkland & Ellis LLP, Chicago, IL; Brian Schartz, Kirkland & Ellis LLP, New York, NY; Laura Davis Jones, Peter J. Keane, Pachulski Stang Ziehl & Jones LLP, Wilmington, DE for appellees.
Case Number: 2410140 (JTD)
Court denied stay of bankruptcy court contempt and preliminary injunction orders pending appeal where defendants were unlikely to succeed on the merits of their claims against the orders and where the orders would not irreparably harm defendants by requiring them to produce ordered discovery or merely preventing them from transferring or using claimed funds under their control.
Publication Date: 2024-07-09
Practice Area: Bankruptcy
Industry: Accounting | E-Commerce | Technology Media and Telecom
Court: U.S. Bankruptcy Court
Judge: Judge Dorsey
Attorneys: For plaintiff:
for defendant:
Case Number: 22-11068 (JTD)
Court developed methodology to discount value of cryptocurrencies where most of the tokens were held by debtor, which had restricted the trading market to artificially inflate the market price.
Publication Date: 2024-06-03
Practice Area: Bankruptcy
Industry: Energy | Investments and Investment Advisory
Court: U.S. District Court of Delaware
Judge: District Judge Hall
Attorneys: For plaintiff: J. Christopher Shore, Colin T. West, White & Case LLP, New York, NY; Michael J. Farnan, Farnan LLP, Wilmington, DE for appellant.
for defendant: Daniel M. Stern, Samuel M. Kidder, KTBS Law LLP, Los Angeles, CA; Andrew J. Gallo, Nathaniel P. Bruhn, Morgan, Lewis & Bockius LLP, Boston, MA; Bryan Killian, Morgan, Lewis & Bockius LLP, Washington, DC; Michael R. Nestor, Michael S. Neiburg, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE for appellees.
Case Number: 15-11934 (BLS)
Court denied certification of direct appeal of bankruptcy order to the Third Circuit where the order did not announce a per se rule or conflict with settled precedent.
Publication Date: 2024-05-13
Practice Area: Bankruptcy
Industry: Investments and Investment Advisory
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Chagares
Attorneys: For plaintiff:
for defendant:
Case Number: 23-2549
Settlement agreement arising from bankruptcy mediation did not evidence the parties' intent to waive confidentiality protections under local bankruptcy rules.
Publication Date: 2024-04-22
Practice Area: Bankruptcy
Industry: Manufacturing
Court: U.S. Bankruptcy Court
Judge: Judge Walrath
Attorneys: For plaintiff:
for defendant:
Case Number: 19-10729 (MFW)
Bankruptcy court dismissed adversary proceeding alleging breaches of fiduciary duties as time barred where trustee failed to present evidence of defendants' affirmative acts of fraudulent concealment of material information from the board to support tolling the statute of limitations.
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