Delaware courts often emphasize the freedom of contract of parties to define their rights, powers, duties, obligations, liabilities and restrictions in a limited liability or operating agreement under the Delaware Limited Liability Company Act (LLC Act).

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On May 21, 2015, the United States Court of Appeals for the Third Circuit approved the settlement and dismissal of chapter 11 bankruptcy cases through a structured dismissal in rare instances.  See Official Committee of Unsecured Creditors v. CIT Group/Business Credit Inc., Case No.

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On June 25, 2015, Molycorp, Inc., the U.S. producer of rare earths, and its North American subsidiaries filed for chapter 11 bankruptcy protection.  A copy of the bankruptcy petition is attached here.   Debtors offer the declaration of Michael F.

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On June 29, 2015, Baha Mar Ltd, the development company behind a $3.5 billion Bahamian resort and its affiliated debtors, filed for chapter 11 bankruptcy protection in the U.S. Bankruptcy Court in the U.S. District Court of Delaware.  Attached here is a copy of the petition.  Debtors offer the declaration of Thomas M. Dunlap in support of their first day pleadings.

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On Sunday, June 14, 2015, Colt Holding Company LLC and 9 affiliates, including Colt Defense, LLC filed voluntary chapter 11 petitions in the United States Bankruptcy Court for the District of Delaware.  The case is docketed as case no. 15-11296 and has been assigned to The Honorable Laurie Selber Silverstein.

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On June 9, 2015, Boomerang Tube, LLC and two affiliates, BTCSP, LLC and BT Financing, Inc., filed chapter 11 petitions in the United States Bankruptcy Court for the District of Delaware.  The cases has been assigned to The Honorable Mary F. Walrath and are docketed as case no. 15-11247.

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