In a decision signed September 21, 2017 in an adversary proceeding related to the Boomerang Systems bankruptcy (case 15-11729), Judge Walrath of the Delaware Bankruptcy Court denied a defendants FRCP
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The Honorable Mary F. Walrath
Walrath Opinion on Avoidance Actions – Motion for Summary Judgment: Denied
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In a 24 page decision released April 13, 2017, Judge Walrath of the Delaware Bankruptcy Court denied a motion for summary judgment in a preference action brought by Charles Stanziale…
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Reclamation Claims and Lien Priority
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On August 24, 2016, Judge Mary F. Walrath of the Delaware Bankruptcy Court overruling an objection to claim for reclamation. The decision was issued in the Reichold Holdings US, Inc. …
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Leading Edge Logistics – Preference Actions Filed
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Introduction
From May 11 through May 17, Alfred Giuliano, the Chapter 7 Trustee (the “Trustee”) for the bankruptcy estate of Leading Edge Logistics, LLC (the “Debtor”), filed approximately 86 complaints…
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THQ v. Starcom – Preference Action Dismissed
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Summary
In yet another straight-forward 15 page decision signed April 18, 2016, Judge Walrath of the Delaware Bankruptcy Court granted a defendant’s motion to dismiss a preference complaint, but granted…
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AE Liquidation Opinion Narrows New Value Defense
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In an 11 page decision signed March 29, 2016, Judge Walrath of the Delaware Bankruptcy Court revised a calculation of new value pursuant to an order from the District Court…
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Sports Authority – Consignment Actions Have Begun
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On March 15 and 16, 2016, the Debtors in the Sports Authority bankruptcy, Case No. 16-10527, filed approximately 161 adversary complaints against consignment vendors. The purpose of these complaints is…
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Univita Health Inc. Has Filed for Bankruptcy Under Chapter 7
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In what looks like a case study in the need to diversify, Univita Health Inc. filed for Bankruptcy in the District of Delaware on August 28, 2015 – It is …
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Tri-Valley Corp. Bankruptcy – Preference Complaint Dismissed – Leave to Amend Granted
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Summary
In a straight-forward 11 page decision signed January 7, 2015, Judge Walrath of the Delaware Bankruptcy Court granted a defendant’s motion to dismiss a preference complaint, but granted the…
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Liberty Brands Opinion – Preference Litigation and the Bankruptcy Court’s Constitutional Limits
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In 6 pages of Findings of Fact and Conclusions of Law released December 19, 2014 in the Liberty Brands bankruptcy (Bank. D. Del. 09-50965), Judge Walrath’s ruling referenced Stern v. …
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