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    Is an Offset Allowed for Amounts Unrelated to the Claim Asserted?
    2016-01-08

    The plaintiffs in Brace Industrial Contracting v. Peterson Enterprises (Del. Ch. Dec. 10, 2015) moved for partial summary judgment on the issue of whether the defendants could “self-help themselves to $3.457 million of the plaintiffs’ money as an offset against different purported unliquidated claims.”

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Morris James LLP
    Authors:
    Thomas E. Hanson, Jr.
    Location:
    USA
    Firm:
    Morris James LLP
    Swift Energy Files Prepack Chapter 11
    2015-12-31

    On New Year's Eve 2015, Swift Energy Company and 8 affiliates filed a voluntary petition commencing a prepackaged chapter 11 case in the United States Bankruptcy Court for the District of Delaware.  The case is docketed as case no. 15-12670, and has been assigned to The Honorable Mary F. Walrath.  The petition lists assets of $1.024 billion and liabilities of $1.349 billion.

    Filed under:
    USA, Delaware, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Morris James LLP, United States bankruptcy court
    Authors:
    Carl "Chuck" N. Kunz III
    Location:
    USA
    Firm:
    Morris James LLP
    District Court Explains When Suit Is Direct Or Derivative In The Alternative Entity Context
    2016-01-04

    Gimaex Holding Inc. v. Spartan Motors USA Inc., No. 15-CV-00515-RGA (December 22, 2015)

    Filed under:
    USA, Delaware, Company & Commercial, Insolvency & Restructuring, Litigation, Morris James LLP
    Authors:
    Edward M. McNally
    Location:
    USA
    Firm:
    Morris James LLP
    Fuhu, Inc. Files Chapter 11 As Part Of Proposed Sale to Mattel
    2015-12-07

    Fuhu, Inc. has filed a Chapter 11 petition in Delaware in order to facilitate as sale of the company to Mattel, according to a statement listed on its website.  The case is docketed in the United States Bankruptcy Court for the District of Delaware as Case No. 15-12465.  The case is assigned to The Honorable Christopher S. Sontchi.  Fuhu Holdings, Inc has filed an affilated case.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Morris James LLP, Mattel
    Authors:
    Carl "Chuck" N. Kunz III
    Location:
    USA
    Firm:
    Morris James LLP
    Taylor-Wharton International LLC files Chapter 11
    2015-10-08

    On October 7, 2015, Taylor-Wharton International LLC and Taylor-Wharton Cryogenics LLC filed a Chapter 11 petition seeking protection in the United States Bankruptcy Court for the District of Delaware.  The case is docketed as case no. 15-12075, and has been assigned to The Honorable Brendan L. Shannon.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Morris James LLP
    Authors:
    Carl "Chuck" N. Kunz III
    Location:
    USA
    Firm:
    Morris James LLP
    Mining and exploration company, Santa Fe Gold Corporation, seeks protection in chapter 11
    2015-08-26

    On August 26, 2015, Santa Fe Gold Corporation and three affiliates filed voluntary chapter 11 petitions in the United States Bankruptcy Court for the District of Delaware.  The cases are docketed as case no. 15-11761, and have been assigned to The Honorable Mary F. Walrath.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Morris James LLP, United States bankruptcy court
    Authors:
    Carl "Chuck" N. Kunz III
    Location:
    USA
    Firm:
    Morris James LLP
    Electronics recycler, ZLOOP, Inc., and two affiliates file chapter 11 cases
    2015-08-10

    On August 9, 2015, ZLOOP, INC., and two affiliates, Zloop Knitting Mill LLC and Zloop Nevada, LLC filed voluntary chapter 11 petitions in the United States Bankruptcy Court for the District of Delaware.  The cases have been assigned to The Honorable Kevin J. Carey and are docketed as case no. 15-11660.  Zloop's Chairman and CEO, Robert M.

    Filed under:
    USA, District of Columbia, Insolvency & Restructuring, Litigation, Morris James LLP, United States bankruptcy court
    Authors:
    Carl "Chuck" N. Kunz III
    Location:
    USA
    Firm:
    Morris James LLP
    Hercules Offshore, Inc. and 14 affiliates file a prepackaged chapter 11 case
    2015-08-13

    Today, August 13, 2015, Hercules Offshore, Inc. and 14 of its affiliates filed a prepackaged chapter 11 bankruptcy case in the United States Bankruptcy Court for the District of Delaware.  Hercules and its affiates are, according to the petition, providers of shallow-water drilling and marine services to the oil and natural gas exploration and production industry globally.  The cases have been assigned to the Honorable Kevin J.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Morris James LLP, United States bankruptcy court
    Authors:
    Carl "Chuck" N. Kunz III
    Location:
    USA
    Firm:
    Morris James LLP
    Court of Chancery determines that advancement claim is a general creditor claim
    2015-08-05

    Andrikopoulos v. Silicon Valley Innovation Company LLC, C.A. 9899-VCP (July 30, 2015)and Henson v. Sousa, C.A. 8057-VCG (August 4, 2015)

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Morris James LLP, Court of Chancery
    Authors:
    Edward M. McNally
    Location:
    USA
    Firm:
    Morris James LLP
    Corporate Resource Services, Inc. and seven affiliates file chapter 11 petitions as part of ongoing wind down
    2015-07-24

    On July 23, 2015, Corporate Resource Services, Inc. and 7 affiliates filed voluntary chapter 11 petitions in the United States Bankruptcy Court for the District of Delaware.  The cases are docketed as case no. 15-11546, and are assigned to The Honorable Mary F. Walrath.  The filing appears to be the final steps in an orderly wind down of the companies that began in February, 2015.

    Filed under:
    USA, Insolvency & Restructuring, Morris James LLP
    Authors:
    Carl "Chuck" N. Kunz III
    Location:
    USA
    Firm:
    Morris James LLP

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