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 7 iteration of the infamous Jevic case—the wording of an order matters. The Court saw fit to bold and underline that maxim in yet another
Imerys Talc Filed Adversary Claiming Ownership Over Millions of Dollars of Insurance Policies
As a follow-up to our recent post about the Imerys Talc bankruptcy proceedings (the chapter 11 cases filed by a supplier of talc to cosmetic and other companies, like Johnson & Johnson), last week the Imerys Debtors brought suit in their Chapter 11 cases against two affiliated coal companies.
The new adversary proceeding relates to
Imerys Talc America filed for Chapter 11 Bankruptcy related to Talc Lawsuits
Yesterday, Imerys Talc America and two affiliated entities filed for chapter 11 bankruptcy protection in the Delaware Bankruptcy Court (Case No. 19-10289). The case is pending before Judge Silverstein.
The first day affidavit filed in support of the Debtors’ chapter 11 petitions reveals that the Debtors are in the business of mining, processing and distributing
When Bankruptcy Is Used to Halt State Court Litigation
This week, a electricity supplier, Starion Energy, filed for chapter 11 bankruptcy in the U.S. Bankruptcy Court for the District of Delaware and the case is pending before the Honorable Mary F. Walrath.
The Debtor claims that it needs bankruptcy protection because of pending litigation that was brought by the
Beware of Broad Release Language in Confirmation Plan
In a recent an opinion, the Delaware Bankruptcy Court enforced the broad release language in a confirmation plan to release certain entities that were never intended to be released.
The debtors and the creditors’ committee engaged in hard-fought negotiations, and the committee supported confirmation of the plan in large part because the settlement trust, to
Third Circuit: Releases Contained in Confirmed Chapter 11 Plans are Res Judicata
In ruling a motion to dismiss, the Third Circuit Court of Appeals considered whether the purchaser of the Debtors’ shares post-confirmation was bound by releases contained in the plan of reorganization (the “Plan”). A copy of the opinion is available here.
The Plan included “broad releases of liability,” that protected the Debtor and its
Alert: Liquidation Trustee Awarded $17 Million Against Former CEO and Others
In a suit by the trustee of the liquidation trust of Green Field Energy Services, a defunct oil services business, against the debtor’s former CEO and others, the U.S. Bankruptcy Court for the District of Delaware found that the trustee can recover almost $17 million. See Halperin v. Moreno, et al. (In re Green Field
Delaware Bankruptcy Court Reinforces Use of Pacor Test to Assess Subject-Matter Jurisdiction over Chapter 7 Trustee’s Claims
In Beskrone v. Int’l Educ. Corp., Adv. No. 17-50523 (CSS) (Bankr. D. Del. July 2, 2018), the Bankruptcy Court for the District of Delaware held that a chapter 7 trustee’s adversary proceeding to recover alleged prepetition accounts receivable fell under the Court’s “related to” jurisdiction. Pursuant to 28 U.S.C. §§ 1334 and 157(a),
Recovery in Fraudulent Transfer Litigation in Delaware Bankruptcy Court is Not Capped by the Amount of Creditor Claims
In PAH Litigation Trust v. Water Street Healthcare Partners, LP (In re Physiotherapy Holdings, Inc.), Case No. 13-12965 (KG), Adv. No. 15-51238 (KG), 2017 WL 5054308 (Bankr. D. Del. Nov. 1, 2017), the debtor entered into bankruptcy after a leveraged-buyout transaction (“LBO”). After a plan was confirmed, a resulting litigation trust brought actual and constructive
Equinox Payments – Preference Actions Filed
Introduction
Charles A. Stanziale, Jr., is on a roll, filing preference actions in a number of cases within the Delaware Bankruptcy Court this month. As the Chapter 7 Trustee (the “Trustee”) for the bankruptcy estate of EP Liquidation, LLC f/k/a Equinox Payments, LLC (the “Debtor”), he filed approximately 37 complaints to recover what he contends