Insights from Fox Rothschild's National Bankruptcy Practice
Introduction
Yesterday, Solyndra LLC, a California-based manufacturer of solar cells, filed chapter 11 petitions for bankruptcy in the United States Bankruptcy Court for the District of Delaware. Less than…
Continue Reading Solyndra Files Bankruptcy in Delaware After Shutting Down Operations
On August 15, 2011, Evergreen Solar (“Evergreen”), filed chapter 11 petitions for Bankruptcy in the United States Bankruptcy Court for the District of Delaware. According to the Declaration of Evergreen’s…
Continue Reading Evergreen Solar Files Bankruptcy In Delaware
On August 7, 2009, Meridian Automotive Systems (“Meridian”) filed a voluntary petition for relief under chapter 7 of the United States Bankruptcy Code. Soon after Meridian filed its petition for…
Continue Reading Trustee in Meridian Automotive Systems Files Preference Complaints
Summary
In an 11 page decision signed June 30, 2011, Judge Walrath of the Delaware Bankruptcy Court granted a motion to dismiss, holding that a preference complaint must clearly identify…
Continue Reading Decision in Everything But Water, LLC Requires Preference Claimants to Identify Transferees Specifically in Granting Motion to Dismiss
Introduction
In July, Alfred T. Giuliano, the Chapter 7 Trustee (the “Trustee”) in the DHP Holdings (“DHP”) bankruptcy proceeding began filing adversary complaints against various defendants, seeking to avoid and…
Continue Reading Trustee in DHP Holdings Bankruptcy Files Preference Actions
Summary
In a 24 page decision signed July 8, 2011, Judge Walrath of the Delaware Bankruptcy Court granted a motion to for summary judgment, holding a non-debtor defendant liable with…
Continue Reading Decision in Tweeter Opco, LLC., Holds Non-Debtor Controlling Company Liable for Debtor’s Violation of the WARN Act
Summary
In a 12 page decision signed July 6, 2011, Judge Walrath of the Delaware Bankruptcy Court granted a motion to dismiss, holding that a complaint that sets forth only…
Continue Reading Decision in Crucible Materials Requires Preference Claims to Contain More Than Just Recitations of the Code
Introduction
A couple of weeks ago, the Chapter 7 Trustee (the “Trustee”), in the Ultimate Acquisition Partners bankruptcy, began filing complaints to avoid and recover payments the Trustee alleges constitute…
Continue Reading A Closer Look at the Ultimate Acquisition Partners’ Bankruptcy
Summary
In an 11 page opinion published June 14, 2011, Judge Walrath ruled that a Chapter 7 Trustee’s lack of specificity in pleading a preference action was grounds for dismissal…
Continue Reading Decision in Tweeter Opco Once Again Reminds Trustees of the Specificity Requirement in Pleading Preference Actions
Summary
In a 30 page opinion published June 1, 2011, Judge Walrath ruled that funds held in a “rabbi” trust in order to pay for a “top hat” plan are…
Continue Reading Decision in Washington Mutual, Inc. Holds That Funds Held in a “Rabbi” Trust For a “Top Hat” Plan are Property of the Estate
