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New Delaware Chapter 11 Filing - Noble Environmental Power, LLC

Noble Environmental Power, LLC, and several of its affiliates filed for Chapter 11 protection in the Bankruptcy Court for the District of Delaware (Lead Case No. 16-12055). Noble, a renewable energy company that owns and operates wind generation assets in New York and Texas, has its principal place of business in Centerbrook, Connecticut. According to the Debtor’s first day affidavit, downward trends in energy prices have made its debt obligations untenable, leading to the commencement of this case.

USA, Delaware, Banking, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Cole Schotz PC
The 5th edition of the Bankruptcy Deadline Checklist, authored by Norman Pernick and edited by David Dean and Jonathan Grasso, has just been released by the American Bar Association

The Bankruptcy Deadline Checklist is a quick reference guide for those who handle bankruptcy cases including judges, lawyers, paralegals, credit managers, collection agents, professors, law students, and others.

USA, Insolvency & Restructuring, Cole Schotz PC, Bankruptcy, American Bar Association
New Delaware Chapter 11 Filing - Sports Authority (TSA Stores, Inc.)

On March 2, 2016, Sports Authority Holdings, Inc. and six of its affiliates filed chapter 11 petitions before the United States Bankruptcy Court for the District of Delaware (lead case 16-10527).  The cases have been assigned to the Honorable Mary F.

USA, Delaware, Insolvency & Restructuring, Litigation, Cole Schotz PC, United States bankruptcy court
A Bankruptcy Court’s newly founded ability to certify questions of law, namely involving corporate law issues, to the Delaware Supreme Court

The Delaware State Legislature recently amended Article IV, section 11 of the Delaware Constitution to add United States Bankruptcy Courts to the expanding list of courts and agencies that may certify questions to the Delaware Supreme Court. The list already included other Delaware courts, the United States Supreme Court, a Court of Appeals of the United States, a United States District Court, the United States Securities and Exchange Commission, or the highest appellate court of any other state. See Del. Const. art. IV, § 11(8).

USA, Delaware, Capital Markets, Insolvency & Restructuring, Litigation, Reed Smith LLP, Bankruptcy, Government agency, Delaware Supreme Court, United States bankruptcy court
Delaware Bankruptcy Court sheds light on the common interest doctrine preventing the waiver of privileged communications

In re Leslie Controls, Inc., (Bankr. D. Del., Case No. 10-12199, 2010)

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USA, Delaware, Insolvency & Restructuring, Litigation, Reed Smith LLP, Bankruptcy, Debtor, Waiver, Interest, Work-product doctrine, Attorney-client privilege, Discovery, Liability (financial accounting), Delaware Supreme Court, United States bankruptcy court
Delaware Bankruptcy Court sheds light on the common interest doctrine preventing the waiver of privileged communications

The United States Bankruptcy Court for the District of Delaware (the "Delaware Bankruptcy Court"), recently in In re Leslie Controls, Inc., Bankr. D. Del., Case No. 10-12199, expounded on whether attorney-client and attorney work-product privileged documents remained protected from discovery under the common interest doctrine. The common interest doctrine permits counsel representing different clients with similar legal interests to share information without having to disclose that information to others.

USA, Delaware, Insolvency & Restructuring, Litigation, Reed Smith LLP, Bankruptcy, Debtor, Waiver, Interest, Work-product doctrine, Attorney-client privilege, Discovery, United States bankruptcy court, US District Court for District of Delaware