On February 19, 2016, Judge Brendan L. Shannon of the Delaware Bankruptcy Court granted in part the motion of K. Ivan F. Gothner (the “Defendant”) to dismiss a complaint filed
Continue Reading Opinion in AgFeed USA – Another (Mostly) Successful Motion to Dismiss
Motion to Dismiss
Guernsey Dairy Opinion – Allowing WARN Claims to Arise May Breach a Director’s Duty
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Summary
In a 6 page decision denying a motion to dismiss, released September 21, 2015, Judge Gross of the Delaware Bankruptcy Court considered the legal argument of whether a bankruptcy…
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Orchard Supply – The Trouble With Motions to Dismiss
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Summary
In a 14 page decision released May 12, 2015, Judge Sontchi of the Delaware Bankruptcy Court illustrated why even perfect motions to dismiss may not be worth filing. Judge …
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Tri-Valley Corp. Bankruptcy – Preference Complaint Dismissed – Leave to Amend Granted
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Summary
In a straight-forward 11 page decision signed January 7, 2015, Judge Walrath of the Delaware Bankruptcy Court granted a defendant’s motion to dismiss a preference complaint, but granted the…
Continue Reading Tri-Valley Corp. Bankruptcy – Preference Complaint Dismissed – Leave to Amend Granted
You Don’t Get Three Strikes when Filing a Complaint – Lessons from Tropicana
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In a 28 page opinion released November 25, 2014 in the Tropicana Entertainment bankruptcy (Bank. D. Del. 08-10856), Judge Carey of the Delaware Bankruptcy Court provided an opinion regarding a…
Continue Reading You Don’t Get Three Strikes when Filing a Complaint – Lessons from Tropicana
Decision in Ultimate Acquisition Grants Motion to Dismiss, But Also Grants Leave to Amend the Preference Complaint
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Summary
In a straight-forward 9 page decision signed May 1, 2012, Judge Walrath of the Delaware Bankruptcy Court granted a defendant’s motion to dismiss a preference complaint, but granted the…
Continue Reading Decision in Ultimate Acquisition Grants Motion to Dismiss, But Also Grants Leave to Amend the Preference Complaint
Decision in Sierra Concrete Design, Inc. Provides a Thorough Explanation of the Principles Behind Bankruptcy’s Preference Laws
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Summary
In an opinion issued January 4, 2012, Judge Sontchi of the Delaware Bankruptcy Court provided an easy to follow primer in preference law in the course of granting in…
Continue Reading Decision in Sierra Concrete Design, Inc. Provides a Thorough Explanation of the Principles Behind Bankruptcy’s Preference Laws
Decision in Everything But Water, LLC Requires Preference Claimants to Identify Transferees Specifically in Granting Motion to Dismiss
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Summary
In an 11 page decision signed June 30, 2011, Judge Walrath of the Delaware Bankruptcy Court granted a motion to dismiss, holding that a preference complaint must clearly identify…
Continue Reading Decision in Everything But Water, LLC Requires Preference Claimants to Identify Transferees Specifically in Granting Motion to Dismiss
Decision in Friedmans’s Reviews Delaware Precedent on Recharacterization
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Summary
In his first published opinion since returning from a well-deserved vacation, Judge Sontchi of the Delaware Bankruptcy Court ruled that facially plausible allegations are sufficient to protect a complaint,…
Continue Reading Decision in Friedmans’s Reviews Delaware Precedent on Recharacterization
Decision in Crucible Materials Requires Preference Claims to Contain More Than Just Recitations of the Code
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Summary
In a 12 page decision signed July 6, 2011, Judge Walrath of the Delaware Bankruptcy Court granted a motion to dismiss, holding that a complaint that sets forth only…
Continue Reading Decision in Crucible Materials Requires Preference Claims to Contain More Than Just Recitations of the Code