In a recent post, our own Harriet Wallace observed a truism in a recent ruling by the United States Bankruptcy Court for the District of Delaware in the chapter
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Delaware avoidance action
JEVIC OPINION ILLUSTRATES THE IMPORTANCE OF LANGUAGE USED IN ORDERS
By Fox Rothschild LLP on
The In re Jevic Holding Corp. chapter 11 case continues to make news. The case is likely best remembered for the 2017 Supreme Court decision holding that the distribution scheme…
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Bankruptcy Trustee in Ultimate Electronics Files More Preference Actions
By Fox Rothschild LLP & Fox Rothschild LLP on
Introduction
In July of 2011, the Chapter 7 Trustee (the “Trustee”) in the Ultimate Acquisition Partners (formerly “Ultimate Electronics”) bankruptcy began filing complaints to avoid and recover payments which the…
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Preference Actions Filed in Ultimate Escapes Bankruptcy
By Fox Rothschild LLP & Fox Rothschild LLP on
This week, Edward Gavin, the liquidating trustee (the “Trustee”) for the Ultimate Escapes bankruptcy, filed preference complaints against several defendants. Under the complaints, the Trustee alleges that the defendants received…
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Chapter 7 Trustee in ManagedStorage (aka Incentrix Solutions) Files Preference Actions
By Fox Rothschild LLP & Fox Rothschild LLP on
Introduction
In January, Jeoffrey L. Burtch, the Chapter 7 Trustee (the “Trustee”) in the ManagedStorage bankruptcy proceeding, commenced adversary proceedings in the Delaware Bankruptcy Court against various defendants. As alleged…
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Bankruptcy Trustee in Eclipse Aviation Files Preference Actions
By Fox Rothschild LLP on
In November, Jeoffrey Burtch, the Chapter 7 Trustee in the AE Liquidation bankruptcy (formerly “Eclipse Aviation”), began filing preference actions against various creditors of Eclipse. Eclipse Aviation began as a…
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Adversary Actions Filed in MPC Bankruptcy
By Fox Rothschild LLP & Fox Rothschild LLP on
Introduction
Recently, over 180 adversary actions were filed in the MPC Computers bankruptcy. The adversary actions fall generally in to two categories – preference actions filed by MPC’s Committee of…
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Trustee Files More Avoidance Actions in NWL Holdings
By Fox Rothschild LLP & Fox Rothschild LLP on
In August, the Chapter 7 Trustee in the National Wholesale Liquidators (“NWL”) bankruptcy filing approximately 90 preference actions. Just recently, the Trustee filed over 100 more preference actions in NWL. …
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Decision in Archway Cookies Grants Summary Judgment Based on Ordinary Course of Business Defense
By Fox Rothschild LLP & Fox Rothschild LLP on
Introduction
On September 1, 2010, Judge Christopher S. Sontchi of the United States Bankruptcy Court for the District of Delaware issued a decision finding that the payment practices between a…
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Liquidating Trustee of Intermet Corporation Files Preference Actions in Delaware
By Fox Rothschild LLP & Fox Rothschild LLP on
Introduction
Earlier this month, the Liquidating Trustee in the Intermet bankruptcy filed preference actions against various defendants. This post will look at the nature of Intermet’s business, why the company…
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