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    Section 503(b)(9) Claims - What Does “Receipt” Really Mean?
    2017-07-17

    In an era when goods or materials often originate from suppliers or manufacturers outside the United States, bankruptcy courts are grappling with when “receipt” of goods occurs for the purpose of 503(b)(9) claims.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cole Schotz PC, United States bankruptcy court, Third Circuit
    Authors:
    Jill B. Bienstock
    Location:
    USA
    Firm:
    Cole Schotz PC
    New Delaware Chapter 11 - Shortbank Industries
    2017-07-10

    Shortbank Industries, Inc., a contract manufacturer of military apparel for the Department of Defense, governmental agencies and law enforcement and industry, headquartered in Vonore, Tenn., filed a petition for relief under Chapter 11 in the Bankruptcy Court for the District of Delaware (Case No. 17-11501).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cole Schotz PC, United States bankruptcy court
    Location:
    USA
    Firm:
    Cole Schotz PC
    New Delaware Chapter 11 Filing - True Religion Apparel, Inc.
    2017-07-05

    True Religion Apparel, Inc., a company that designs, markets, sells and distributes premium fashion apparel through wholesale and retail channels, and four of its affiliates, has filed for chapter 11 bankruptcy protection in the United States Bankruptcy Court for the District of Delaware (Lead Case No: 17-11460).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cole Schotz PC, United States bankruptcy court
    Authors:
    Norman L. Pernick , Nicholas J. Brannick
    Location:
    USA
    Firm:
    Cole Schotz PC
    New Delaware Chapter 11-TK Holdings, Inc.
    2017-06-26

    TK Holdings, Inc., a subsidiary of Takata Corporation, and eleven (11) of its subsidiaries and affiliates have filed petitions for relief under Chapter 11 in the Bankruptcy Court for the District of Delaware (Lead Case No. 17-11375).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cole Schotz PC, United States bankruptcy court
    Authors:
    Norman L. Pernick , Nicholas J. Brannick
    Location:
    USA
    Firm:
    Cole Schotz PC
    New Delaware Chapter 11 Filings - Keystone Tube Company, LLC, A.M. Castle & Co. et al.
    2017-06-19

    Keystone Tube Company, LLC and four affiliates, including A.M. Castle & Co. (OTC: CASL), HY-Alloy Steels Company, Keystone Service, Inc. and Total Plastics, Inc., have filed chapter 11 petitions before the United States Bankruptcy Court for the District of Delaware (Lead Case No. 17-11330). The debtors are a specialty metals distribution company.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Cole Schotz PC, US District Court for District of Delaware
    Authors:
    Nicholas J. Brannick , Norman L. Pernick
    Location:
    USA
    Firm:
    Cole Schotz PC
    Six Degrees of Separation: Use of Bankruptcy Rule 2004 Examination in Connection with Third-Party Litigation
    2017-06-14

    Court:

    “You know, every piece of information and fact out there is within six degrees of separation of the debtors’ assets and financial affairs. The question is where do you draw the line?”

    4/20/17 Transcript of hearing in In Re SunEdison, Inc., et al, Case No. 16-10992-smb (hereinafter “TR”), page 30 lines 6-11.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Cole Schotz PC, United States bankruptcy court
    Authors:
    John H. Drucker
    Location:
    USA
    Firm:
    Cole Schotz PC
    New Delaware Chapter 11 Filing - NNN 400 Capitol Center, LLC
    2017-06-05

    NNN 400 Capitol Center, LLC, a single asset real estate debtor, has filed a petition for relief under Chapter 11 in the Bankruptcy Court for the District of Delaware. According to the Petition, the Debtor estimates its assets and liabilities to both be between $10MM – $50MM.

    Filed under:
    USA, Insolvency & Restructuring, Cole Schotz PC, Debtor, Limited liability company, Liability (financial accounting), United States bankruptcy court, US District Court for District of Delaware
    Location:
    USA
    Firm:
    Cole Schotz PC
    New Delaware Chapter 11 Filing - FirstRain, Inc.
    2017-06-05

    FirstRain, Inc., an enterprise software company headquartered in San Mateo, CA, has filed voluntary petition for relief under Chapter 11 in the Bankruptcy Court for the District of Delaware (Case No. 17-11249). FirstRain’s petition estimates both its assets and liabilities to be between $1 to $10 MM.

    Filed under:
    USA, Insolvency & Restructuring, Cole Schotz PC, United States bankruptcy court
    Location:
    USA
    Firm:
    Cole Schotz PC
    New Delaware Chapter 11-Delaware Sports Complex, LLC
    2017-05-24

    Delaware Sports Complex, LLC, which operates an 180 acre indoor and outdoor sports facility and the 190 acre St. Annes golf course in Middletown, Delaware, has filed a petition for relief under Chapter 11 in the Bankruptcy Court for the District of Delaware (Case No. 17-11175).

    Filed under:
    USA, Insolvency & Restructuring, Cole Schotz PC, Limited liability company
    Location:
    USA
    Firm:
    Cole Schotz PC
    New Delaware Chapter 11 Filing - Tidewater Inc.
    2017-05-18

    Tidewater Inc., along with 25 of its subsidiaries and affiliates, has filed a petition for relief under Chapter 11 in the Bankruptcy Court for the District of Delaware (Case No. 17-11132).

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Cole Schotz PC, United States bankruptcy court
    Location:
    USA
    Firm:
    Cole Schotz PC

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