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
Continue Reading Opinion in AgFeed USA – A Release of all Known and Unknown Causes is Binding, Even in Bankruptcy Court
The Honorable Brendan L. Shannon
Offshore Group Investment Limited files a Prepack in Chapter 11
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
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
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
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?
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%
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
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
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
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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