On December 15, 2015, Judge Brendan L. Shannon of the Delaware Bankruptcy Court granted the motion of Hormel Foods (the “Defendant”) to dismiss a complaint filed by JLL Consultants, the
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The Honorable Brendan L. Shannon
Offshore Group Investment Limited files a Prepack in Chapter 11
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On December 3, 2015, Offshore Group Investment Limited and 23 affiliates filed for relief under chapter 11 of the Bankruptcy Code. The cases are jointly administered under Case Number 15-12422…
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Revstone Industries – Venue Transfer Granted for a Fraudulent Transfer Adversary Proceeding
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On November 2, 2015, Judge Brendan L. Shannon walked a pair of litigants through the factors used in the Third Circuit to determine whether to grant a motion to transfer…
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The Value of a Mobile Asset
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On October 19, 2015, Judge Brendan L. Shannon issued an opinion defining the value of a “mobile” asset; in this case, a mobile home. In an adversary proceeding Welch v.
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RadioShack Pulls the Plug
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In an unsurprising move, RadioShack has become the latest retailer to file for relief under Chapter 11 of the Bankruptcy Code. RadioShack filed on February 5, 2015 along with 17…
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A Default is a Default, no Matter the Size?
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In an 11 page opinion issued January 30, 2015 in the TPOP bankruptcy (13-11831), Judge Shannon held that GM did not lose the ability to enforce its contracted right to…
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Lessons from Chapter 13 – When is 8% Not Really 8%
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In ruling on a very unfortunate situation (more on that below), Judge Shannon issued an opinion on July 24, 2014 in the Aro bankruptcy, holding that a state court decision…
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First Place Bank Holding Co. Files for Bankruptcy in Delaware
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Introduction
On October 29, 2012, First Place Financial Corp., the holding company for First Place Bank (collectively, “First Place Bank” or “First Place”), filed Chapter 11 petitions for bankruptcy in…
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Real Mex Restaurants Files for Bankruptcy in Delaware, Hoping to Sell Assets Under a Section 363 Sale
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Introduction
On October 4, 2011, Real Mex Restaurants, Inc. (“Real Mex”) filed chapter 11 petitions for bankruptcy in the United States Bankruptcy Court for the District of Delaware. In…
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SemCrude Decision Delineates the Process for Analyzing Motions for Continuance vs. Motions for Summary Judgment
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Summary
In an 24 page decision signed June 20, 2011, Judge Shannon of the Delaware Bankruptcy Court partially granted several parties’ motions for a continuance opposing several motions for summary…
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