Insights from Fox Rothschild's National Bankruptcy Practice
Introduction
On May 23, 2011, Jackson Hewitt Tax Services Inc. (“Jackson Hewitt”) filed a petition for bankruptcy in the United States Bankruptcy Court for the District of Delaware. This…
Continue Reading A Closer Look at the Jackson Hewitt Bankruptcy
Summary
In a 17 page decision signed on February 24, 2011, Judge Walrath of the Delaware Bankruptcy Court applied a twelve factor test in determining if a preference action against…
Continue Reading Decision in NWL Holdings, Inc., Limits the Ability of Defendants to Transfer Preference Actions
Introduction
On March 28, 2011, Harry & David Holdings (“Debtors”) filed petitions for bankruptcy in the United States Bankruptcy Court for the District of Delaware. Debtors describe themselves as…
Continue Reading A Closer Look at the Harry & David Bankruptcy
Introduction
Earlier this month, Qimonda Richmond, LLC and Qimonda North America Corp (collectively, the “Debtors”), filed adversary actions against various defendants in the United States Bankruptcy Court for the District…
Continue Reading Qimonda Richmond and Qimonda North American Filed Preference Actions Against Creditors
In November, Jeoffrey Burtch, the Chapter 7 Trustee in the AE Liquidation bankruptcy (formerly “Eclipse Aviation”), began filing preference actions against various creditors of Eclipse. Eclipse Aviation began as a…
Continue Reading Bankruptcy Trustee in Eclipse Aviation Files Preference Actions
Introduction
In September of this year, the Honorable Mary F. Walrath, the presiding Judge in the DHP Holdings bankruptcy, issued a decision addressing the effect of a forum selection clause…
Continue Reading Decision in DHP Holdings Considers Forum Selection Clause in Deciding Whether to Grant Motion to Change Venue
In August, the Chapter 7 Trustee in the National Wholesale Liquidators (“NWL”) bankruptcy filing approximately 90 preference actions. Just recently, the Trustee filed over 100 more preference actions in NWL. …
Continue Reading Trustee Files More Avoidance Actions in NWL Holdings
On October 20, 2010, Emivest Aerospace Corporation (“Emivest”) filed a petition for bankruptcy in the United States Bankruptcy Court for the District of Delaware. Emivest manufactures the SJ30 business…
Continue Reading Jet Manufacturer, Emivest Aerospace Corp., Files for Bankruptcy In Delaware
Earlier this month Alfred T. Giuliano, the Chapter 7 Trustee for National Wholesale Liquidators, began filing various complaints seeking the avoidance and recovery of alleged preferential transfers. On November 19,…
Continue Reading Chapter 7 Trustee Files Preference Complaints in National Wholesale Liquidators Bankruptcy
Introduction
On August 4, Judge Mary F. Walrath issued an opinion in the Eclipse Aviation bankruptcy that discusses the scope of the Court’s subject matter jurisdiction. This issue – the…
Continue Reading Decision in Eclipse Aviation Addresses Subject Matter Jurisdiction of the Bankruptcy Court
