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    Opinion in Syntax-Brillian - terminating a trustee? Not so Easy.
    2016-08-01

    In a 9-page opinion issued in the Syntax-Brillian case on July 20, 2016, Judge Kevin J. Carey denied the motion of equity holders in Syntax-Brillian seeking to terminate the Liquidation Trustee (the “Trustee”). A copy of the Opinion is available on the Court’s website: Here.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Trustee
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    SLJ Trucking Inc. files for Chapter 7 protection
    2016-08-01

    On July 29, 2016, SLJ Trucking Inc. (“Debtor” or “SLJ”) filed a voluntary bankruptcy petition under Chapter 7 of the United States Bankruptcy Code with the United States Bankruptcy Court for the District of Delaware. The Debtor is a licensed and bonded freight shipping and trucking company running freight hauling business from Newark, Delaware.

    Filed under:
    USA, Insolvency & Restructuring, Fox Rothschild LLP
    Authors:
    Carl D. Neff
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Quantum foods: The intersection of preference litigation and administrative claims
    2016-07-26

    On July 25, 2016, Judge Kevin Carey of the Delaware Bankruptcy Court issued a thorough decision pursuant to a motion for judgment on the pleadings analyzing the intersection of a preference defendant’s post-petition administrative claim and their preference exposure. A copy of the Opinion is available here.

    Filed under:
    USA, Insolvency & Restructuring, Fox Rothschild LLP
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Appalachian conventional production comp files chapter 7 liquidation
    2016-07-24

    On July 13, 2016, Appalachian Conventional Production Comp (“Appalachian” or “Debtor”) filed a Chapter 7 liquidation in the United States Bankruptcy Court for the District of Delaware. According to the Debtor’s Petition, Appalachian has assets less totaling less than $500,000, and liabilities between $500,000 and $1 million.

    Filed under:
    USA, Insolvency & Restructuring, Fox Rothschild LLP
    Authors:
    Carl D. Neff
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Executive’s unpaid stock-based compensation considered an equity security by the court
    2016-07-18

    On July 18, 2016, Judge Walrath issued a concise written opinion ruling upon whether an executive’s claim for unpaid stock-based compensation was an equity security or rather a general unsecured claim against the Debtors’ estate. The opinion is styled as GSE Environmental, Inc., et al. v. Sorrentino (In re GSE Environmental, Inc., et al.), Adv. Pro. No. 16-50377 (MFW) (Bankr. D. Del.

    Filed under:
    USA, Insolvency & Restructuring, Fox Rothschild LLP, Employee stock option
    Authors:
    Carl D. Neff
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Indie film distributor Gold Alchemy, LLC files chapter 7 liquidation in Delaware
    2016-07-11

    On July 1, 2016, Gold Alchemy LLC filed for Chapter 7 bankruptcy protection with the U.S. Bankruptcy Court for the District of Delaware. According to the petition, the debtor’s estimated assets are $10 to 50 million, and estimated liabilities are $50 to 100 million.

    Alchemy is a distribution company formerly known as Millennium Entertainment. According to Deadline Hollywood:

    Filed under:
    USA, Insolvency & Restructuring, Fox Rothschild LLP
    Authors:
    Carl D. Neff
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Valuing assets in chapter 13
    2016-07-12

    While many people only see the glamorous, large Chapter 11 cases filed in the Delaware Bankruptcy Court, the Court still handles individual bankruptcies – treating them with just as much respect as any other case. On July 8, 2016, the chief bankruptcy judge, Brendan L. Shannon, issued an opinion valuing the mobile home of Ms. Anita Barnard.

    Filed under:
    USA, Insolvency & Restructuring, Fox Rothschild LLP
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Swift - Motion for stay pending appeal denied
    2016-07-05

    On June 29, 2016, Judge Sleet of the Delaware District Court entered an order denying a motion for stay of the Debtors’ plan confirmation pending appeal. A copy of the related Opinion is attached here.

    Filed under:
    USA, Insolvency & Restructuring, Fox Rothschild LLP
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Syncardia systems files chapter 11 bankruptcy - First day hearing scheduled July 6, 2016
    2016-07-05

    On July 1, 2016, SynCardia Systems, Inc. (“Debtor” or “SynCardia”) filed a voluntary petition for relief under Chapter 11 of the Bankruptcy Code before the United States Bankruptcy Court for the District of Delaware.

    According to the Declaration of Stephen Marotta, the Debtor’s Chief Restructuring Officer, SynCardia is a medical technology company that develops artificial heart implants. In the months leading to the Debtor’s filing, SynCardia attempted but then withdrew an IPO attempt due to adverse market conditions. Since then it has become insolvent.

    Filed under:
    USA, Insolvency & Restructuring, Fox Rothschild LLP
    Authors:
    Carl D. Neff
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    50 Cent bankruptcy success story
    2016-07-07

    The results are in!

    As I mentioned in my May 25th blog post, Curtis James Jackson III, better known as rapper 50 Cent (“Jackson”) was scheduled for his bankruptcy confirmation hearing yesterday (July 6th).

    Filed under:
    USA, Insolvency & Restructuring, Fox Rothschild LLP, Bankruptcy
    Authors:
    Heather L. Ries
    Location:
    USA
    Firm:
    Fox Rothschild LLP

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