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    Northstar Aerospace files for bankruptcy in Delaware due to negative profits, decreased defense spending and lack of funding
    2012-07-15

    In June, Northstar Aerospace and various related entities (collectively, "Northstar") filed chapter 11 petitions for bankruptcy in the United States Bankruptcy Court for the District of Delaware.  Northstar describes itself as a supplier of "components and assemblies for the commercial and military aerospace markets."  The company also provides machining, repair and overhaul services for the aerospace industry.  See Northstar's Declaration in Support of First Day Motions

    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
    Decision in AE Liquidation, Inc allows preference complaint to be amended after the expiration of the statute of limitations
    2012-02-23

    Summary

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Statute of limitations, Third Circuit
    Authors:
    L. John Bird
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Preference complaints filed in the Velocity Express bankruptcy
    2011-09-24

    Earlier this month, James Carroll in his capacity as the "Wind Down Professional" for the Velocity Express bankruptcy, began filing preference actions against various defendants.  As alleged in the preference complaints, Carroll was appointed as Velocity's Wind Down Professional under a "Wind Down Order" entered by the Delaware Bankruptcy Court in July of last year.  At the time it filed for bankruptcy, Velocity was a package delivery (aka "logistics") provider whose services included customer bulk shipments, pick-up and delivery services as well as "expedited point to point servi

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Limited liability company, Limited partnership, United States bankruptcy court
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Decision in crucible materials requires preference claims to contain more than just recitations of the code
    2011-08-01

    Summary

    In a 12 page decision signed July 6, 2011, Judge Walrath of the Delaware Bankruptcy Court granted a motion to dismiss, holding that a complaint that sets forth only conclusory allegations parroting the statutory language of the Bankruptcy Code is insufficient. Judge Walrath’s opinion is available here (the “Opinion”).

    Background

    Filed under:
    USA, Delaware, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Debtor, Debt, Constitutional amendment, Title 11 of the US Code, Federal Rules of Civil Procedure (USA), United States bankruptcy court, Trustee
    Authors:
    L. John Bird
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Multiple decisions in New Century TRS Holdings, Inc., hold: when you settle a claim, you get what you contract for
    2011-05-16

    Summary

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Fraud, Mortgage loan, Negligence, Involuntary dismissal, Prejudice, United States bankruptcy court, Trustee
    Authors:
    L. John Bird
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Decision in Six Flags bankruptcy addresses sufficiency of pleadings under Fed.R.Civ.P. 12(b)(6)
    2011-01-02

    Introduction

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Federal Reporter, Limited liability company, Verizon Communications, SCOTUS, United States bankruptcy court, Third Circuit
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Decision in Archway Cookies grants summary judgment based on ordinary course of business defense
    2010-10-04

    Introduction

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Debtor, Legal burden of proof, Liquidation, US Code, Title 11 of the US Code, United States bankruptcy court, Third Circuit, US District Court for District of Delaware, Trustee
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Chem Rx files for bankruptcy hoping to either reorganize or conduct a 363 sale of assets
    2010-05-31

    Introduction

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Debtor, Market liquidity, Marketing, Debt, Investment banking, Line of credit, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Delaware Bankruptcy Court weighs in on limits to landlord’s lease rejection damages
    2015-05-26

    In In re Filene’s Basement, LLC,1 the United States Bankruptcy Court for the District of Delaware considered the rejection damages a landlord claimant was entitled to pursuant to Section 502(b)(6) of the Bankruptcy Code after the debtor rejected its lease as part of its reorganization plan.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Real Estate, Alston & Bird LLP, United States bankruptcy court
    Location:
    USA
    Firm:
    Alston & Bird LLP
    In re Velo Holdings, Inc.
    2013-12-17

    The Bankruptcy Court for the Southern District of New York recently held that a state’s post-confirmation investigation of a debtor’s post-confirmation conduct does not violate a plan confirmation order that enjoins actions against the debtor.  In re Velo Holdings, Inc. et al., 500 B.R. 693 (Bankr. S.D.N.Y. 2013).

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Injunction, Subpoena, Competition and Consumer Act 2010 (Australia), United States bankruptcy court
    Authors:
    Kevin M. Hembree
    Location:
    USA
    Firm:
    Alston & Bird LLP

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