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    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
    When is an appeal equitably moot?
    2012-05-29

    Introduction

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Third Circuit, US District Court for District of Delaware
    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
    Trustee in Meridian Automotive Systems files preference complaints
    2011-08-21

    On August 7,  2009, Meridian Automotive Systems ("Meridian") filed a voluntary petition for relief under chapter 7 of the United States Bankruptcy Code.  Soon after Meridian filed its petition for bankruptcy, the Office of the United States Trustee appointed George L.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Debtor, Interest, Debt, Liability (financial accounting), Title 11 of the US Code, Constitution, United States bankruptcy court, Third Circuit, Seventh Circuit, Trustee
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Decision in Everything But Water, LLC requires preference claimants to identify transferees specifically in granting motion to dismiss
    2011-08-19

    Summary

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Debtor, Fraud, Federal Reporter, Involuntary dismissal, Bear Stearns, United States bankruptcy court, Third Circuit, Trustee
    Authors:
    L. John Bird
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Semcrude decision delineates the process for analyzing motions for continuance vs. motions for summary judgment
    2011-08-14

    Summary

    Filed under:
    USA, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Natural gas, Federal Reporter, Discovery, Limited partnership, Federal Rules of Civil Procedure (USA), United States bankruptcy court, Third Circuit
    Authors:
    L. John Bird
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Fruehauf opinion illustrates that despite a preference to allow amendment of pleadings, courts won't always allow amendment
    2011-08-10

    Summary

    In a 23 page decision signed July 15, 2011, Judge Walsh of the Delaware Bankruptcy Court denied a motion to allow a plaintiff to file an amended complaint, holding that the amended complaint was too deficient to survive a motion to dismiss and therefore would not be allowed. Judge Walsh’s opinion is available here (the “Opinion”).

    Background

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Fraud, Statute of limitations, Federal Reporter, Liquidation, Constitutional amendment, Federal Rules of Civil Procedure (USA), United States bankruptcy court, Third Circuit, Trustee
    Authors:
    L. John Bird
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Decision in DBSI Inc., reminds us that district courts have personal jurisdiction throughout the United States
    2011-08-08

    Summary

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Shareholder, Debtor, Unsecured debt, Interest, Federal Reporter, Personal jurisdiction, Debt, Pro rata, Federal Rules of Civil Procedure (USA), United States bankruptcy court, Third Circuit
    Authors:
    L. John Bird
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Decision in Tweeter Opco, LLC., holds non-debtor controlling company liable for debtor's violation of the WARN Act
    2011-08-03

    Summary

    In a 24 page decision signed July 8, 2011, Judge Walrath of the Delaware Bankruptcy Court granted a motion to for summary judgment, holding a non-debtor defendant liable with the Debtor as a single employer for alleged WARN Act violations. Judge Walrath’s opinion is available here (the “Opinion”).

    Background

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Debtor, Class action, Federal Reporter, Limited liability company, Good faith, Summary offence, Worker Adjustment and Retraining Notification Act 1988 (USA), United States bankruptcy court, Third Circuit
    Authors:
    L. John Bird
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Delaware's choice-of-law analysis as provided in a decision in PMTS Liquidating Corp., which partially granted a motion to dismiss
    2011-08-01

    Summary

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Fraud, Fiduciary, Board of directors, Federal Reporter, Liquidation, Federal Rules of Civil Procedure (USA), Goldman Sachs, United States bankruptcy court, Third Circuit, Trustee
    Authors:
    L. John Bird
    Location:
    USA
    Firm:
    Fox Rothschild LLP

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