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    Judge Carey reminds us: in a bankruptcy, following the proper procedure matters
    2011-04-18

    Summary

    In a 13 page decision signed, April 11, 2011, Judge Carey of the Delaware Bankruptcy Court granted a motion disallowing a creditor’s late-filed bankruptcy claim, and held that if there is no legal requirement that a party respond to an affidavit, a lack of response does not bind a party to that affidavit nor can it be considered an admission by that party. Judge Carey’s opinion is available here.

    Background

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Debtor, Mortgage loan, Foreclosure, United States bankruptcy court, Third Circuit
    Authors:
    L. John Bird
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Adversary actions filed in MPC bankruptcy
    2010-11-06

    Recently, over 180 adversary actions were filed in the MPC Computers bankruptcy. The adversary actions fall generally in to two categories - preference actions filed by MPC's Committee of Unsecured Creditors and breach of contract actions filed by MPC. This post will look briefly at why MPC filed for bankruptcy and discuss what may happen next now that the adversary actions are underway.

    Background on the MPC's Business and Events Leading to Bankruptcy

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Breach of contract, Discovery, United States bankruptcy court, Chief financial officer
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Trico Marine files for bankruptcy in Delaware
    2010-08-30

    Introduction

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Debtor, Natural gas, Debt, Subsidiary, Debenture, Parent company, Wells Fargo, Deutsche Bank, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Decision in Fedders bankruptcy looks at whether lenders aided and abetted debtor in breach of duty of care
    2010-03-22

    Introduction

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Debtor, Fiduciary, Board of directors, Debt, Duty of care, Default (finance), Gross negligence, Delaware Supreme Court, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Radioshack - Bankruptcy round two
    2017-03-09

    Serving as an illustration of the principal that a financial restructuring won’t save a business that has ceased to be frequented by customers, RadioShack has filed for bankruptcy for the second time in as many years. The prior case was filed in the Bankruptcy Court for the District of Delaware as case no. 15-10197. This case is also in the Bankruptcy Court for the District of Delaware, and is case no. 17-10506.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Sprint Corporation, US District Court for District of Delaware
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Claims objections overruled in Seegrid bankruptcy
    2016-10-31

    On October 27, 2016, Chief Judge Brendan L. Shannon of the Delaware Bankruptcy Court issued an opinion overruling objections to the claims of Seegrid’s former CEO. A copy of the Opinion is available here.

    Filed under:
    USA, Delaware, Employment & Labor, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Debtor
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Court strikes unapproved filing
    2016-08-15

    On August 9, 2016, Judge Kevin Carey of the Delaware Bankruptcy Court issued an Order both dismissing a complaint and striking a defendant’s Notice of Supplemental Authority. The decision was issued in the Quantum Foods bankruptcy, in the adversary proceeding No. 16-50045. A copy of the Opinion is available here.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Third Circuit
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Penson Worldwide files for bankruptcy in Delaware
    2013-01-19

    Introduction

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Liquidation, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Contec holdings files for bankruptcy in Delaware
    2012-09-10

    On August 29, 2012, Contec Holdings, Ltd ("Contec") and various related entities filed chapter 11 petitions for bankruptcy in the United States Bankruptcy Court for the District of Delaware.  Simultaneous with filing its bankruptcy petitions, Contec also filed with the Bankruptcy Court a declaration of the company's Chief Restructuring Officer in support of its first day motions (the "Declaration").  Contec was started in 1978 and provides repair services for cable and broadband operators.  The company services equipment such as cable set-tops, modems and satellite receivers.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, United States bankruptcy court
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    The Picard/Wilpons/Mets settlement effort calls for a closer, as the court hearing on final approval is delayed - installment 77
    2012-05-09

    Those who were eagerly anticipating the final dénouement on May 15, 2012, in the epic battle between Madoff Trustee Irving Picard and the numerous defendants, constituting the Wilpon-Katz-Mets individual, business, family trust and charitable interests (collectively, the “Wilpons”), will apparently have to wait at least until May 31, 2012. The approval of the final Settlement Agreement by Federal District Judge Jed S. Rakoff, originally scheduled to occur at a hearing on May 15, 2012 at 4 p.m., has been postponed until May 31, 2012 at 4 p.m.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Fiduciary
    Authors:
    Michael J. Kline
    Location:
    USA
    Firm:
    Fox Rothschild LLP

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