On September 3, 2014, Brent Williams, the Plan Trustee (“Trustee”) for Touch America Holdings, Inc., filed a complaint initiating an adversary proceeding against, among others, AT&T Corp. (AT&T”). In a
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The Honorable Kevin J. Carey
Abeinsa Holding Opinion – Motion for Relief from Stay Granted
Summary
In a 9 page decision dated October 6, 2016, Judge Carey of the Delaware Bankruptcy Court granted the motion of Portland General Electric (“PGE”) for relief from the automatic…
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Court Strikes Unapproved Filing
On August 9, 2016, Judge Kevin Carey of the Delaware Bankruptcy Court issued an Order both dismissing a complaint and striking a defendant’s Notice of Supplemental Authority. The decision was…
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Quantum Foods: The Intersection of Preference Litigation and Administrative Claims
On July 25, 2016, Judge Kevin Carey of the Delaware Bankruptcy Court issued a thorough decision pursuant to a motion for judgment on the pleadings analyzing the intersection of a…
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Qui Tam Motions and Settlements
John O’Toole writes:
On July 13, 2016, Judge Kevin J. Carey denied a former shareholder’s (the “Movant”) Motion to Proceed Qui Tam (the “Motion”) against the chapter 11 debtors (the…
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Even a Golden Share Can’t Stop Bankruptcy
Summary
In a 10-page decision dated June 6, 2016, Judge Carey of the Delaware Bankruptcy Court denied a motion to dismiss filed by a holder of a “Golden Share” of…
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Opinion in AES Thames – A Pro-Defendant Interpretation of the Ordinary Course of Business Defense
In a 9 page decision signed March 3, 2016 in the AES Thames bankruptcy, Judge Carey of the Delaware Bankruptcy Court held that the recipient of allegedly preferential transfers had…
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Professional Fee Issues in Tropicana Entertainment
In a 10 page opinion released January 5, 2016 in the Tropicana Entertainment bankruptcy (Bank. D. Del. 08-10856), Judge Carey of the Delaware Bankruptcy Court provided a critical opinion concerning…
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Filene’s Basement Decision Interprets Lease Rejection Damages Statute
Summary
In a 22 page decision released April 20, 2015, Judge Carey of the Delaware Bankruptcy Court provided guidance as to the calculation of lease rejection damages. Judge Carey’s opinion …
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You Don’t Get Three Strikes when Filing a Complaint – Lessons from Tropicana
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…
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