Insights from Fox Rothschild's National Bankruptcy Practice
Introduction
On October 28, 2014, The Official Committee of Unsecured Creditors of Q v. AB Foods LLC (the “Committee”), the committee in the Quantum Foods, LLC bankruptcy, began filing complaints…
Continue Reading Quantum Foods: Committee Files Preference Actions
Earlier this summer, the Delaware Bankruptcy Court issued an opinion in the New Century Holdings bankruptcy addressing the definition and purpose of the “Divestiture Rule.” See Carr v. New Century …
Continue Reading Court Applies Divestiture Rule in New Century Bankruptcy Proceeding
On May 30, 2012, RG Steel, LLC and various related entities (collectively “RG Steel” or “Debtors”) filed petitions for bankruptcy in the United States Bankruptcy Court for the District of…
Continue Reading Low Steel Prices, High Commodity Prices and a Lack of Cash Force RG Steel to File for Bankruptcy
In a 17 page decision entered March 9, 2012, Judge Carey of the Delaware Bankruptcy Court granted a motion for relief from the Bankruptcy Code’s automatic stay to allow an…
Continue Reading Consistency – A Hallmark of the Delaware Bankruptcy Court
Summary
In a 28 page decision dated March 9, 2012, Judge Carey of the Delaware Bankruptcy Court denied confirmation of a debtor’s plan and granted the motion to lift the…
Continue Reading Dirt-for-Debt, or Just Dirt: Judge Carey’s Latest Decision in All Land Investments, LLC
Introduction
Earlier this month, the Liquidating Trust in the Advanta Corp. bankruptcy proceeding began filing preference complaints in the Delaware Bankruptcy Court. Advanta and certain affiliates (“Advanta”) filed for bankruptcy…
Continue Reading Liquidating Trust in Advanta Corp. Bankruptcy Files Preference Actions
Summary
In a 14 page opinion published June 7, 2011, Judge Carey ruled that publication of notice in only two newspapers was insufficient information to grant a motion to dismiss…
Continue Reading Decision in New Century TRS Holdings, Inc. Holds That Publication in 2 Newspapers is Insufficient to Grant a Motion for Summary Judgment
Judge Carey released an order amending his Memorandum Opinion dated May 10, 2011 in the New Century TRS Holdings, Inc. bankruptcy. His previous opinion had misstated the amount of a…
Continue Reading Another Minor Fix to a Previous Opinion – New Century TRS Holdings, Inc.
Summary
In a 13 page decision signed, April 11, 2011, Judge Carey of the Delaware Bankruptcy Court granted a motion disallowing a creditor’s late-filed bankruptcy claim, and held that if…
Continue Reading Judge Carey Reminds Us: In a Bankruptcy, Following the Proper Procedure Matters
Earlier this month, Avidity Partners, LLC (“Avidity”), in its role as claims agent for the bankruptcy estates of AbitibiBowater, Inc., et al. (“Debtors”), began filing avoidance actions against various defendants. …
Continue Reading AbitibiBowater Commences Avoidance Actions
