Insights from Fox Rothschild's National Bankruptcy Practice
Summary
In a 20 page decision signed July 1, 2011, Judge Shannon of the Delaware Bankruptcy Court partially granted a motion to dismiss, holding that the allegations of fraud in…
Continue Reading Delaware’s Choice-of-Law Analysis as Provided in a Decision in PMTS Liquidating Corp., Which Partially Granted a Motion to Dismiss
Summary
In an 11 page decision signed June 22, 2011, Judge Walsh of the Delaware Bankruptcy Court denied a motion to dismiss, holding that the Bankruptcy Court of the District…
Continue Reading Decision in DBSI Inc., Reminds Us that District Courts have Personal Jurisdiction Throughout the United States
Summary
In an 11 page opinion published June 14, 2011, Judge Walrath ruled that a Chapter 7 Trustee’s lack of specificity in pleading a preference action was grounds for dismissal…
Continue Reading Decision in Tweeter Opco Once Again Reminds Trustees of the Specificity Requirement in Pleading Preference Actions
Summary
In an 11 page opinion published May 18, 2011, Judge Shannon ruled that, in the context of a motion to dismiss, the officer of a corporation, which is itself…
Continue Reading Decision in In Re: Donna K. Brady Holds: Officers Aren’t Contractors
Introduction
Recently, the Delaware Bankruptcy Court in the Six Flags bankruptcy issued a decision addressing whether an adversary complaint alleged facts sufficient to overcome a motion to dismiss. The Court’s…
Continue Reading Decision in Six Flags Bankruptcy Addresses Sufficiency of Pleadings Under Fed.R.Civ.P. 12(b)(6)
Introduction
In January of this year, Judge Brendan L. Shannon of the United States Bankruptcy Court for the District of Delaware issued a decision addressing whether a debtor’s lenders had…
Continue Reading Decision in Fedders Bankruptcy Looks at Whether Lenders Aided and Abetted Debtor in Breach of Duty of Care
