On January 22, 2018, in an adversary proceeding arising within the Haggen bankruptcy (Adv. No. 16-51204), Judge Gross of the Delaware Bankruptcy Court issued a ruling against the Plaintiff, denying
Continue Reading Haggen’s Order Holds: Fiduciaries who enter into “foolish” transactions but who are acting in good faith are protected
The Honorable Kevin Gross
Gross Opinion Calls New Value “A Beacon of Light”
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In a 32 page opinion entered December 5, 2017 Judge Gross of the Delaware Bankruptcy Court ruled on cross motions for summary judgment concerning an avoidance action in the Simplexity…
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No 2004 Discovery Allowed When There is a Pending Proceeding
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In a short opinion entered November 14, 2017 Judge Gross of the Delaware Bankruptcy Court denied a motion of an interested party to “Attend and Participate in the Rule 2004…
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Amending Complaints 101 by Judge Gross – Physiotherapy Holdings
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In a 10-page decision signed November 6, 2017 in an adversary proceeding arising within the Physiotherapy Holdings bankruptcy (PAH Litigation Trust, case 15-51238), Judge Gross of the Delaware Bankruptcy Court…
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In Fact Intensive Issues, You Need a Trial to Provide the Court With the Facts
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In a decision signed October 4, 2017 in an adversary proceeding arising within the Haggens bankruptcy (HH Liquidation, LLC, et al., case 16-51204), Judge Gross of the Delaware Bankruptcy…
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Success Fees – Technical Arguments Fail in the Face of Broad Definitions
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In a decision signed July 26, 2017 in the Nephrogenex bankruptcy (case 16-11074), Judge Gross of the Delaware Bankruptcy Court approved of the application of the Debtor’s investment banker for…
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Derivative Complaints by Creditors Against Chapter 7 Trustees – They Don’t Tend to Go Very Far
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In a decision signed July 17, 2017 in the Our Alchemy, LLC bankruptcy (case 16-11596), Judge Gross of the Delaware Bankruptcy Court granted a trustee’s partial motion to dismiss a…
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GFES Liquidation Trust – Motion to Abate – Denied
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We have previously posted about a couple major milestones for Green Field Energy – here Green Field Energy Files for Bankruptcy Protection in Delaware and here: Green Field Energy Services …
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Fisker Automotive – BMW’s Motion to Dismiss – Granted in Part
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On June 13, 2017, Judge Kevin Gross of the Delaware Bankruptcy Court issued an opinion granting in part and denying in part BMW’s motion to dismiss a complaint filed by…
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If a Committee Steps into the Debtor’s Shoes – Just How Good is the Fit?
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On May 8, 2017, Judge Gross ruled on a Motion to Compel Production of Documents in the Haggen bankruptcy. Judge Gross’ opinion (the “Opinion”) addresses the conflict when a party…
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