On August 23, 2017, Judge Shannon of the Delaware Bankruptcy Court issued an order that is a reminder that this is a court of equity – and that at the
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Success Fees – Technical Arguments Fail in the Face of Broad Definitions
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In a decision signed July 26, 2017 in the Nephrogenex bankruptcy (case 16-11074), Judge Gross of the Delaware Bankruptcy Court approved of the application of the Debtor’s investment banker for…
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Derivative Complaints by Creditors Against Chapter 7 Trustees – They Don’t Tend to Go Very Far
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In a decision signed July 17, 2017 in the Our Alchemy, LLC bankruptcy (case 16-11596), Judge Gross of the Delaware Bankruptcy Court granted a trustee’s partial motion to dismiss a…
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GFES Liquidation Trust – Motion to Abate – Denied
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We have previously posted about a couple major milestones for Green Field Energy – here Green Field Energy Files for Bankruptcy Protection in Delaware and here: Green Field Energy Services …
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Fisker Automotive – BMW’s Motion to Dismiss – Granted in Part
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On June 13, 2017, Judge Kevin Gross of the Delaware Bankruptcy Court issued an opinion granting in part and denying in part BMW’s motion to dismiss a complaint filed by…
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PennySaver – Preference Actions Filed
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On May 23, 2017, Don A. Beskrone, the chapter 7 trustee for the estate of PennySaver USA Publishing, LLC filed preference actions against 46 defendants. PennySaver was an iconic company…
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If a Committee Steps into the Debtor’s Shoes – Just How Good is the Fit?
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On May 8, 2017, Judge Gross ruled on a Motion to Compel Production of Documents in the Haggen bankruptcy. Judge Gross’ opinion (the “Opinion”) addresses the conflict when a party…
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Sometimes it Takes 2.5 Years to Reach Summary Judgment
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On September 3, 2014, Brent Williams, the Plan Trustee (“Trustee”) for Touch America Holdings, Inc., filed a complaint initiating an adversary proceeding against, among others, AT&T Corp. (AT&T”). In a…
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Walrath Opinion on Avoidance Actions – Motion for Summary Judgment: Denied
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In a 24 page decision released April 13, 2017, Judge Walrath of the Delaware Bankruptcy Court denied a motion for summary judgment in a preference action brought by Charles Stanziale…
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Affirmative Insurance – Dueling Motions to Dismiss, Denied
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In a 33 page decision released March 29, 2017, Judge Sontchi of the Delaware Bankruptcy Court ruled on competing motions to dismiss the remaining claims and counterclaims in an adversary…
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