Decision in NWL Holdings, Inc., limits the ability of defendants to transfer preference actions

Summary

Filed under:
USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Federal Reporter, Personal jurisdiction, Witness, United States bankruptcy court, Third Circuit, Trustee
Authors:
L. John Bird
Location:
USA
Firm:
Fox Rothschild LLP
Ruling confirms that judicial liens are dischargeable in Chapter 7

Summary

Filed under:
USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Debt, Personal property, United States bankruptcy court
Authors:
L. John Bird
Location:
USA
Firm:
Fox Rothschild LLP
Decision in DBSI Inc., reminds us that district courts have personal jurisdiction throughout the United States

Summary

Filed under:
USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Debtor, Fraud, Personal jurisdiction, Legal burden of proof, Liquidation, Prima facie, US Congress, United States bankruptcy court, US District Court for District of Delaware, Trustee
Authors:
L. John Bird
Location:
USA
Firm:
Fox Rothschild LLP
Dirt-for-debt, or just dirt: Judge Carey's latest decision in All Land Investments, LLC

Summary

Filed under:
USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Debtor, Collateral (finance), Debt, Default (finance), Secured creditor, United States bankruptcy court
Authors:
L. John Bird
Location:
USA
Firm:
Fox Rothschild LLP
Decision in American Remanufacturers, Inc. holds that an agreement creating mutual obligations can provide a defense to a preference action

Summary

In a 56 page opinion published June 9, 2011, Judge Walsh ruled that a method of operating in which all of the credits and debits between two companies were netted out allows this same method to be used in calculating a set-off defense in preference litigation. Judge Walsh’s opinion is available here (the “Opinion”).

Background

Filed under:
USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Credit (finance), Debtor, Discovery, Debt, Third Circuit, Court of equity, Trustee
Authors:
L. John Bird
Location:
USA
Firm:
Fox Rothschild LLP
Consistency - a hallmark of the Delaware Bankruptcy Court

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 undersecured creditor to exercise its remedies against a debtor’s collateral.  A copy of Judge Carey's opinion is available here (the "Opinion").  The Opinion was issued in a case nearly identical to that discussed in this post:

Filed under:
USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, United States bankruptcy court
Authors:
L. John Bird
Location:
USA
Firm:
Fox Rothschild LLP
Decision in Tweeter Opco once again reminds trustees of the specificity requirement in pleading preference actions

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 under FRCP 12(b)(6). Judge Walrath’s opinion is available here (the “Opinion”).

Background

Filed under:
USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Debtor, Limited liability company, Debt, Liquidation, Constitutional amendment, Federal Rules of Civil Procedure (USA), Trustee
Authors:
L. John Bird
Location:
USA
Firm:
Fox Rothschild LLP
Decision in AE Liquidation, Inc allows preference complaint to be amended after the expiration of the statute of limitations

Summary

Filed under:
USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Statute of limitations, Third Circuit
Authors:
L. John Bird
Location:
USA
Firm:
Fox Rothschild LLP
Decision in New Century TRS Holdings, Inc. holds that publication in 2 newspapers is insufficient to grant a motion for summary judgment

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 based on adequacy of notice. Judge Carey’s opinion is available here (the “Opinion”).

Background

Filed under:
USA, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Debtor, Interest, Federal Reporter, Due process, Subject-matter jurisdiction, The Wall Street Journal, United States bankruptcy court, Third Circuit
Authors:
L. John Bird
Location:
USA
Firm:
Fox Rothschild LLP