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    Abeinsa holding opinion - Motion for relief from stay granted
    2016-10-10

    Summary

    Filed under:
    USA, Arbitration & ADR, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    School specialty, Inc., files bankruptcy in Delaware seeking to sell substantially all of its assets
    2013-01-30

    Introduction

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Debtor
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Southern Air files Chapter 11 petitions for bankruptcy in Delaware
    2012-10-03

    On September 28, 2012, Southern Air Holdings ("Southern Air" or "Debtor"), along with various related entities, filed chapter 11 petitions in the United States Bankruptcy Court for the District of Delaware.  As stated in its Declarations in Support of Chapter 11 Petitions and First Day Relief (the "Declaration" or "Decl."), Southern Air describes itself as a "long-haul, wide-body air cargo" provider for governments and commercial users.  Decl.

    Filed under:
    USA, Delaware, Aviation, Insolvency & Restructuring, Litigation, Public, Fox Rothschild LLP, Bankruptcy
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Clinical research firm, Cetero Research, files petitions for bankruptcy in Delaware
    2012-03-28

    Introduction

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Fox Rothschild LLP, Bankruptcy
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Security National Propertiesfiles for bankruptcy in Delaware, citing unpredictability of the financial markets
    2011-10-19

    Introduction

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Fox Rothschild LLP, Bankruptcy, Debtor, Commercial property, Landlord, Leasehold estate, Interest, Limited liability company, Debt, Mortgage loan, Deed of trust (real estate), United States bankruptcy court, US District Court for District of Delaware
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Fruehauf opinion illustrates that despite a preference to allow amendment of pleadings, courts won't always allow amendment
    2011-08-10

    Summary

    In a 23 page decision signed July 15, 2011, Judge Walsh of the Delaware Bankruptcy Court denied a motion to allow a plaintiff to file an amended complaint, holding that the amended complaint was too deficient to survive a motion to dismiss and therefore would not be allowed. Judge Walsh’s opinion is available here (the “Opinion”).

    Background

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Fraud, Statute of limitations, Federal Reporter, Liquidation, Constitutional amendment, Federal Rules of Civil Procedure (USA), United States bankruptcy court, Third Circuit, Trustee
    Authors:
    L. John Bird
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Decision in in re: Donna K. Brady holds: officers aren't contractors
    2011-05-25

    Summary

    In an 11 page opinion published May 18, 2011, Judge Shannon ruled that, in the context of a motion to dismiss, the officer of a corporation, which is itself a contractor, is not also a contractor by virtue of her position within the corporation. Judge Shannon’s opinion is available here (the “Opinion”).

    Background

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Debtor, General contractor, Fraud, Fiduciary, Federal Reporter, Debt, Default judgment, Legal burden of proof, SCOTUS, Third Circuit
    Authors:
    L. John Bird
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Trustee in Sunset Aviation commences preference actions
    2011-03-21

    Background

    Filed under:
    USA, Delaware, Aviation, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Legal personality, Liquidation, Title 11 of the US Code, United States bankruptcy court, US District Court for District of Delaware, Trustee
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Banning Lewis Ranch Development files for bankruptcy in Delaware
    2010-10-31

    On October 28, 2010, Banning Lewis Ranch Co. LLC and Banning Lewis Ranch Development I & II, LLC (collectively, "Banning"), filed chapter 11 petitions for bankruptcy in the United States Bankruptcy Court for the District of Delaware. A copy of one of the Banning bankruptcy petition is available here for review. Banning owns over 21,000 acres of land situated on the east side of Colorado Springs, Colorado.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Real Estate, Fox Rothschild LLP, Bankruptcy, Limited liability company, Debt, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Caribbean Petroleum files for bankruptcy following explosion at petroleum tank farm
    2010-08-16

    On August 12, 2010, Caribbean Petroleum Corporation filed petitions for bankruptcy in the United States Bankruptcy Court for the District of Delaware. Caribbean Petroleum imports and distributes petroleum products in Puerto Rico through a network of 184 service stations. This post will look at the events leading up to the company's filing for bankruptcy, as well as what the company hopes to accomplish while in bankruptcy.

    Filed under:
    USA, Delaware, Energy & Natural Resources, Insolvency & Restructuring, Fox Rothschild LLP, Bankruptcy, Debtor, Title 11 of the US Code, United States bankruptcy court, US District Court for District of Delaware, Chief financial officer
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP

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