On February 13, 2018, Judge Silverstein of the Delaware Bankruptcy Court granted a motion to dismiss the Rent-A-Wreck of America bankruptcy case (Bankr. D. Del. case 17-11592). Judge Silverstein’s opinion
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Haggen’s Order Holds: Fiduciaries who enter into “foolish” transactions but who are acting in good faith are protected
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On January 22, 2018, in an adversary proceeding arising within the Haggen bankruptcy (Adv. No. 16-51204), Judge Gross of the Delaware Bankruptcy Court issued a ruling against the Plaintiff, denying…
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Gross Opinion Calls New Value “A Beacon of Light”
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In a 32 page opinion entered December 5, 2017 Judge Gross of the Delaware Bankruptcy Court ruled on cross motions for summary judgment concerning an avoidance action in the Simplexity…
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No 2004 Discovery Allowed When There is a Pending Proceeding
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In a short opinion entered November 14, 2017 Judge Gross of the Delaware Bankruptcy Court denied a motion of an interested party to “Attend and Participate in the Rule 2004…
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Amending Complaints 101 by Judge Gross – Physiotherapy Holdings
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In a 10-page decision signed November 6, 2017 in an adversary proceeding arising within the Physiotherapy Holdings bankruptcy (PAH Litigation Trust, case 15-51238), Judge Gross of the Delaware Bankruptcy Court…
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Fee Disgorgement Can Be the Least of Your Problems
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In a decision signed October 25, 2017, Judge Shannon of the Delaware Bankruptcy Court issued an opinion requiring a professional to disgorge fees, pay a sanction of $25,000, and enjoined…
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In Fact Intensive Issues, You Need a Trial to Provide the Court With the Facts
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In a decision signed October 4, 2017 in an adversary proceeding arising within the Haggens bankruptcy (HH Liquidation, LLC, et al., case 16-51204), Judge Gross of the Delaware Bankruptcy…
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Boomerang Systems – 12(b)(6) Motion to Dismiss Denied
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In a decision signed September 21, 2017 in an adversary proceeding related to the Boomerang Systems bankruptcy (case 15-11729), Judge Walrath of the Delaware Bankruptcy Court denied a defendants FRCP…
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Money Center of America – Motion to Dismiss Denied
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In a decision signed September 8, 2017 in an adversary proceeding related to the Money Center of America bankruptcy (case 14-10603), Judge Sontchi of the Delaware Bankruptcy Court denied a…
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Wet Seal – Preference Actions Filed
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On August 29, 2017, The Wet Seal, LLC filed preference actions against 67 defendants. The lead Wet Seal bankruptcy case is Case No. 17-10229 in the Bankruptcy Court for the…
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