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    Energy producer, AES Thames LLC, files for bankruptcy in Delaware
    2011-02-06

    On February 1, 2011, AES Thames, LLC ("AES" or "Debtor") filed petitions for bankruptcy in the United States Bankruptcy Court for the District of Delaware. According to the Declaration of AES's President in Support of First Day Motions (the "Declaration"), AES owns and operates a coal-fired power plant in Montville, Connecticut.

    Filed under:
    USA, Delaware, Energy & Natural Resources, Insolvency & Restructuring, Fox Rothschild LLP, Bankruptcy, Debtor, Injunction, Renewable energy, Coal, Electricity, Electricity generation, Subsidiary, Parent company, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Liquidating Trustee in Midway Games files preference actions
    2011-02-12

    Last year, the Liquidating Trustee (the "Trustee") in the Midway Games bankruptcy began filing avoidance actions against creditors of the bankruptcy estate. Midway Games ("Midway" or the "Debtor") filed petitions for bankruptcy in the United States Bankruptcy Court for the District of Delaware on February 12, 2009. For those not familiar with this bankruptcy proceeding, Midway developed and distributed video games throughout the North America, Europe and Asia.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Debtor, Limited liability company, Limited liability partnership, Video game, Liquidation, Trustee, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    The largest marcher in the parade of reported PHI security breaches: NYC health and hospitals corporation's North Bronx Healthcare Network
    2011-02-22

    This blog series has been following the continuing flow of large security breaches of Protected Health Information (“PHI”) and how affected providers and insurers have been responding to their discovery. The New York City Health and Hospitals Corporation’s North Bronx Healthcare Network (“HHC”) has recently become perhaps the largest marcher in the parade of PHI security breaches with a reported 1,700,000 persons affected.

    Filed under:
    USA, Healthcare & Life Sciences, Insolvency & Restructuring, Insurance, Fox Rothschild LLP, Information privacy, Unsecured debt, Electronic health record, Personally identifiable information, Liability insurance, Social Security number, Credit report monitoring, US HHS, Health Insurance Portability and Accountability Act 1996 (USA), HITECH Act 2009 (USA)
    Authors:
    Michael J. Kline
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    The impending bankruptcy court hearing where Picard seeks to allow Hadassah to keep $32 million in fictitious profits - installment 47
    2011-03-08

    Several Installments in this blog series about the long-running, global Ponzi scheme of Bernard L.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, White Collar Crime, Fox Rothschild LLP, Bankruptcy, Charitable organisation, Internal Revenue Service (USA), Trustee, Chief financial officer, United States bankruptcy court
    Authors:
    Alain Leibman
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Service attempts to help tenancy-in-common investors exchanging like-kind property under section 1031 in workouts
    2011-03-16

    Now we can add Program Manager’s Technical Advice or “PMTA” to the list of administrative projects on tax matters that are open to FOIA and review by the tax practitioner community. One area that needs some help are investors in tenancy-in-common programs. On May 15, 2010, the Service issue PMTA 2010-05 which provides an legal analysis from Chief Counsel’s office directed to IRS program managers in the field.

    Filed under:
    USA, Insolvency & Restructuring, Tax, Fox Rothschild LLP, Bankruptcy, Costs in English law, Leasehold estate, Debt, Attorney's fee, Pro rata, Internal Revenue Service (USA)
    Authors:
    Jerald David August
    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, Trustee, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    A closer look at the Harry & David bankruptcy
    2011-03-28

    Introduction

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Costs in English law, Retail, Debt, Direct marketing, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Chapter 7 trustee in Indalex bankruptcy files preference actions
    2011-03-29

    Earlier this month, the Chapter 7 Trustee (the "Trustee") appointed in the Indalex bankruptcy began filing avoidance actions against various Indalex creditors. For those not familiar with the Indalex bankruptcy, Indalex filed petitions for bankruptcy in the United States Bankruptcy Court for the District of Delaware on March 20, 2009. Prior to filing bankruptcy, Indalex was one of the largest aluminum extruders in the United States.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Interest, Limited liability partnership, Liquidation, Trustee, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Decision in NWL Holdings, Inc., limits the ability of defendants to transfer preference actions
    2011-03-29

    Summary

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Federal Reporter, Personal jurisdiction, Witness, Trustee, United States bankruptcy court, Third Circuit
    Authors:
    L. John Bird
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Decision in Advanced Marketing Services, Inc, reminds us - there is no "junk-mail defense"
    2011-04-06

    Summary

    In a 15 page decision signed yesterday, April 5, 2011, Judge Sontchi of the Delaware Bankruptcy Court determined that when a company receives pleadings in a bankruptcy case, even if served on their “doing business as” name, they have received proper service. Judge Sontchi’s opinion is available here.

    Background

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Vacated judgment, Default judgment, Motion to vacate, United States bankruptcy court
    Authors:
    L. John Bird
    Location:
    USA
    Firm:
    Fox Rothschild LLP

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