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    Trustee files more avoidance actions in NWL holdings
    2010-10-31

    In August, the Chapter 7 Trustee in the National Wholesale Liquidators ("NWL") bankruptcy filing approximately 90 preference actions. Just recently, the Trustee filed over 100 more preference actions in NWL. In November of 2008, I wrote about the commencement of NWL bankruptcy (read my prior post concerning the NWL bankruptcy here).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Liquidation, Liquidator (law), United States bankruptcy court, Trustee
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    A closer look at the equitable power of the Bankruptcy Court
    2010-08-24

    Introduction

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Debtor, Federal Reporter, Limited liability company, Subsidiary, Title 11 of the US Code, Lehman Brothers, Eighth Circuit, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Decision in Spansion addresses issues that arise during plan confirmation
    2010-04-15

    On April 1, 2010, Judge Kevin J. Carey , Chief Judge of the United States Bankruptcy Court for the District of Delaware issued an opinion (the "Opinion") in the Spansion bankruptcy rejecting the Debtor's proposed plan of reorganization.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Debtor, Testimony, Good faith, Preferred stock, Valuation (finance), Discounted cash flow, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    GFES liquidation trust - motion to abate - denied
    2017-06-29

    We have previously posted about a couple major milestones for Green Field Energy – here Green Field Energy Files for Bankruptcy Protection in Delaware and here: Green Field Energy Services – Preference A

    Filed under:
    USA, Insolvency & Restructuring, Fox Rothschild LLP, Liquidation
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Money center opinion - The multiple sovereigns in the United States and bankruptcy
    2017-02-28

    On February 28, 2017, Judge Sontchi of the Delaware Bankruptcy Court issued an opinion (the “Opinion”) in the Money Center of America bankruptcy – Bankr. D. Del., Case 14-10603. The Opinion is available here. This Opinion decided two separate, but similar, motions to dismiss filed by 2 entities owned by federally recognized Indian Tribes and sovereign nations (the “Tribes”).

    Filed under:
    USA, Delaware, Banking, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Debtor, Casino, Sovereign immunity
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    The intersection of the SCA and Bankruptcy Code
    2016-11-14

    In a lengthy opinion published November 7, 2016, Judge Sontchi of the Delaware Bankruptcy Court provided a thorough analysis of the interaction between the Stored Communications Act (“SCA”) and the Bankruptcy Code. Judge Sontchi’s opinion is available here (the “Opinion”). The Opinion was issued in the Chapter 15 case In re Irish Bank Resolution Corporation Limited, Case No. 13-12159.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Fox Rothschild LLP
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Easement held to be an in rem property interest subject to section 363 sale
    2016-08-30

    In the decision of In re Metroplex on the Atlantic, LLC, 545 B.R. 786 (Bankr. E.D.N.Y. 2016), the United States Bankruptcy Court for the Eastern District of New York held that an easement is an in rem property interest, subject to sale free and clear under Bankruptcy Code section 363(f).

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Real Estate, Fox Rothschild LLP, Bankruptcy, Limited liability company, Secured creditor, Easement, United States bankruptcy court
    Authors:
    Carl D. Neff
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Syncardia systems files chapter 11 bankruptcy - First day hearing scheduled July 6, 2016
    2016-07-05

    On July 1, 2016, SynCardia Systems, Inc. (“Debtor” or “SynCardia”) filed a voluntary petition for relief under Chapter 11 of the Bankruptcy Code before the United States Bankruptcy Court for the District of Delaware.

    According to the Declaration of Stephen Marotta, the Debtor’s Chief Restructuring Officer, SynCardia is a medical technology company that develops artificial heart implants. In the months leading to the Debtor’s filing, SynCardia attempted but then withdrew an IPO attempt due to adverse market conditions. Since then it has become insolvent.

    Filed under:
    USA, Insolvency & Restructuring, Fox Rothschild LLP
    Authors:
    Carl D. Neff
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Joao Bock Transaction Systems, LLC files for Chapter 7 relief
    2016-05-30

    On May 20, 2016, Joao Bock Transaction Systems, LLC (“Debtor” or “Joao Bock”) filed for Chapter 7 bankruptcy relief before the United States Bankruptcy Court for the District of Delaware. Joao Bock has been described by some as a “patent troll” that engages in litigation over intellectual property disputes in order to extract favorable settlements.

    Filed under:
    USA, Insolvency & Restructuring, Fox Rothschild LLP
    Authors:
    Carl D. Neff
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    U.S. Bankruptcy Court judge sets parameters for recusal in bankruptcy action
    2013-02-18

    In preparing a statement supporting the determination that recusal from a bankruptcy proceeding was unnecessary, U.S. Bankruptcy Court Judge Richard E. Fehling quoted Master Sergeant Georg Hans Shultz from the television sitcom Hogan’s Heroes: “I KNOW NOTHING!  NOTHING!”

    Filed under:
    USA, Pennsylvania, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy
    Location:
    USA
    Firm:
    Fox Rothschild LLP

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