The absence of an intention to put assets out of the reach of creditors will thwart applications under the Insolvency Act to set declarations of trust or transfers aside.

The Weinstein Company Holdings LLC, along with fifty-four (54) affiliates and subsidiaries, has filed a petition for relief under Chapter 11 in the Bankruptcy Court for the District of Delaware (Lead Case No. 18-10601). The Petition estimates the Debtors’ assets and liabilities to both be between $500 million – $1 billion.

Scottish Holdings, Inc., Charlotte, NC based reinsurance company, has, along with a single affiliate, filed a petition for relief under Chapter 11 in the Bankruptcy Court for the District of Delaware (Lead Case No. 18-10160).

ExGen Texas Power, LLC, along with six of its subsidiaries and affiliates, has filed a petition for relief under Chapter 11 in the Bankruptcy Court for the District of Delaware (Lead Case No. 17-12377). ExGen’s Petition reports $100 – $500 million in assets and $500 million – $1 billion in liabilities.

Section 502(e)(1)(B) of the Bankruptcy Code allows debtors to seek disallowance of certain types of contingent claims to avoid being twice liable on a single obligation. It has the added benefits of facilitating debtors’ efficient exit from bankruptcy and ensuring that unsecured creditors are paid in a timely fashion. Debtors commonly seek Section 502(e)(1)(B) relief for claims involving environmental remediations or tort lawsuits, for example personal injury actions.

Augustus Energy Resources, LLC, a privately owned, natural gas exploration, development and production company headquartered in Billings, Montana, has filed a petition for relief under Chapter 11 in the Bankruptcy Court for the District of Delaware (Case No. 18-10580). Augustus’ Petition estimates both its assets and liabilities to be between $10–$50 million.

PES Holdings, LLC (d/b/a Philadelphia Energy Solutions) has, along with eight of its subsidiaries and affiliates, filed a petition for relief under Chapter 11 in the Bankruptcy Court for the District of Delaware (Lead Case No. 18-10122). Headquartered in Philadelphia, PA, PES operates the largest oil refining complex on the East Coast and is the tenth largest refiner in the United States.

M&G USA Corporation has filed a petition for relief under Chapter 11 in the Bankruptcy Court for the District of Delaware (Case No. 17-12307). M&G USA Corporation is an affiliate of M&G Polymers USA, LCC, which filed for relief last week (Lead Case No. 17-12268) and is pending before the Honorable Brendan Linehan Shannon. M&G USA Corporation’s Petition reports $1 – $10 billion in both assets and liabilities.

Many creditors who have supplied goods to a debtor before a bankruptcy case begins think their only prospects for recovery will be pennies on the dollar. While often times, pre-petition claims are relegated to receive small, if any, distributions, there is a unique carve-out in Section 503(b)(9) of the Bankruptcy Code that elevates “goods” supplied in the 20 days before a bankruptcy filing to administrative expense status.

Claire’s Stores, Inc., along with seven affiliates and subsidiaries, has filed a petition for relief under Chapter 11 in the Bankruptcy Court for the District of Delaware (Lead Case No. 18-10584). Claire’s, a well-known specialty retailer of jewelry, accessories and beauty products for young women and adolescents, is based in Cook County, Illinois.