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    New Delaware Chapter 11 Filing - GulfMark Offshore, Inc.
    2017-05-17

    GulfMark Offshore, Inc., a provider of marine transportation services, primarily to the offshore energy industry, has filed a petition for relief under Chapter 11 in the Bankruptcy Court for the District of Delaware.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cole Schotz PC, US District Court for District of Delaware
    Location:
    USA
    Firm:
    Cole Schotz PC
    New Delaware Chapter 11 Filing - Searchmetrics, Inc.
    2017-05-08

    Searchmetrics, Inc., a search engine optimization services company based in San Mateo, CA, has filed a petition for relief under Chapter 11 in the Bankruptcy Court for the District of Delaware (Case No. 17-11032-CSS). The Petition estimates Searchmetric’s assets between $1–$10 million and its liabilities between $10-$50 million.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Cole Schotz PC, United States bankruptcy court, US District Court for District of Delaware
    Location:
    USA
    Firm:
    Cole Schotz PC
    New Delaware Chapter 11 Filing - Nuverra Environmental Solutions
    2017-05-01

    Nuverra Environmental Solutions, Inc. (OTCQB: NESC), one of the largest environmental solutions companies focused on the development and ongoing production of oil and natural gas in the United States, and 13 of its affiliates, have filed for chapter 11 bankruptcy protection in the United States Bankruptcy Court for the District of Delaware (Lead Case No. 17-10949).

    Filed under:
    USA, Delaware, Energy & Natural Resources, Insolvency & Restructuring, Cole Schotz PC, Bankruptcy, Secured loan, US District Court for District of Delaware
    Location:
    USA
    Firm:
    Cole Schotz PC
    New Delaware Chapter 11 Filing - Adams Resources Exploration Company
    2017-04-21

    Adams Resources Exploration Company, an oil and gas exploration and production company based in Houston, Texas, has filed a voluntary petition for relief under Chapter 11 under Chapter 11 in the United States Bankruptcy Court for the District of Delaware (Case No. 17-0866-KG).

    Filed under:
    USA, Delaware, Energy & Natural Resources, Insolvency & Restructuring, Cole Schotz PC, United States bankruptcy court, US District Court for District of Delaware
    Location:
    USA
    Firm:
    Cole Schotz PC
    Delaware District Court finds that Bankruptcy Court Cannot Enter a Final Order Releasing Third-party Claims Without Constitutional Authority
    2017-04-10

    In this post-Stern opinion (the “Opinion”), the United States District Court for the District of Delaware (the “Court”) addresses two main issues with respect to the approval of nonconsensual third-party releases provided for in a chapter 11 plan of confirmation, namely whether a Bankruptcy Court has (1) subject matter jurisdiction to approve, and (2) the constitutional authority to grant such releases. Opinion at 2.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Cole Schotz PC, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    Katharina Earle
    Location:
    USA
    Firm:
    Cole Schotz PC
    Structured Dismissals in Deviation of Bankruptcy Code Priority Scheme
    2017-04-04

    In Czyzewski v. Jevic Holding, 580 U.S. __(2017), decided on March 22, the U.S. Supreme Court held that, without the consent of impaired creditors, a bankruptcy court cannot approve a "structured dismissal" that provides for distributions deviating from the ordinary priority scheme of the Bankruptcy Code. The ruling reverses the decisions of the U.S. Bankruptcy Court for the District of Delaware, the U.S. District Court for the District of Delaware, and the U.S.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Duane Morris LLP, Bankruptcy, Unsecured debt, Consent, Leveraged buyout, The Legal Intelligencer, Sun Capital Partners, Title 11 of the US Code, Supreme Court of the United States, United States bankruptcy court, Third Circuit, US District Court for District of Delaware
    Authors:
    Rudolph J. Di Massa, Jr. , Drew S. McGehrin
    Location:
    USA
    Firm:
    Duane Morris LLP
    Section 1129(a)(9)(A) Trumps DIP Orders
    2017-04-03

    Traditional DIP Order Carve Outs Do Not Cap the Administrative Claims of Committee Professionals

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cole Schotz PC, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    Myles R. MacDonald
    Location:
    USA
    Firm:
    Cole Schotz PC
    The Thirteenth Labor of Hercules: Bankruptcy Court Confirms Hercules Offshore Chapter 11 Plan, Approving Debtor Releases Over Committee Objections
    2017-03-21

    In a recent decision by the United States Bankruptcy Court for the District of Delaware, In re Hercules Offshore, Inc., et al., Judge Kevin J. Carey confirmed Hercules Offshore’s plan over objections by the Equity Committee—including an objection to allegedly impermissible plan releases and exculpations.

    Background

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, United States bankruptcy court, US District Court for District of Delaware
    Location:
    USA
    Firm:
    Weil Gotshal & Manges 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
    Cal Dive Offshore Contractors, Inc. preference actions filed
    2017-03-09

    On March 2, 2017, Cal Dive Offshore Contractors, Inc. (“Cal Dive” or “Debtor”) filed approximately 136 complaints seeking the avoidance and recovery of allegedly preferential and/or fraudulent transfers under Sections 547, 548 and 550 of the Bankruptcy Code.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Fox Rothschild LLP, Bankruptcy, Fraud, US District Court for District of Delaware
    Authors:
    Carl D. Neff
    Location:
    USA
    Firm:
    Fox Rothschild LLP

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