In Corporate Claims Management, Inc. v. Shapier, et al. (In re Patriot National Inc.), Adv. Pro. No. 18-50307 (Bankr. D. Del August 8, 2018), the Delaware Bankruptcy Court found that alleged misappropriation of trade secrets could constitute a violation of the automatic stay under section 362 of the Bankruptcy Code and be subject to turnover under section 542 of the Bankruptcy Code. 

The American economy is increasingly dependent upon the importation of merchandise, both raw materials and finished goods. Many of these imported goods are subject to duties imposed by U.S. Customs and Border Protection (“Customs”), known as “ordinary duties.” In some situations, supplemental duties such as antidumping and countervailing duties, and now the new duties on aluminum and steel imposed by Executive Order, are also assessed.

Lawsuits and collection actions against a corporation are automatically stayed when the corporation files for bankruptcy, generally speaking. In order to avoid the automatic stay, creditors may bring claims against the directors and/or officers of the bankrupt corporation rather than against the corporation itself.

Here’s an aggregation of 26 of my Twitter posts from the first week of July 2018, with links to cases, articles, and news briefs that restructuring professionals should find of interest. Thanks for reading!

BK RELATED CASES:

RM Holdco LLC (dba Real Mex Restaurants), along with five subsidiaries and affiliates, has filed a petition for relief under Chapter 11 in the Bankruptcy Court for the District of Delaware (Lead Case No. 18-11795).

Samuels Jewelers, Inc., a jewelry retailer headquartered in Austin, Texas, with over 100 stores in 22 states, has filed a petition for relief under chapter 11 of the Bankruptcy Code in the Bankruptcy Court for the District of Delaware (Case No. 11818).

Noon Mediterranean, Inc. (f/k/a Verts Mediterranean Grill), has filed a petition for relief under chapter 11 in the Bankruptcy Court for the District of Delaware (Case No. 18-11814).

Currently, some courts allow borrowers to bring Fair Debt Collection Practices Act claims for non-judicial foreclosures while other courts do not, but that is about to change.

In the recent case of In Re Todd, No. 15-11083 (Bankr. N.D.N.Y. March 23, 2018), the United States Bankruptcy Court for the Northern District of New York held that a debtor’s inherited Individual Retirement Account (“IRA”) is property of the debtor’s bankruptcy estate and consequently not exempt from creditors under New York law.

The Bankruptcy Court in Delaware recently denied a request for an administrative expense claim to an entity that tried but failed to buy a debtor’s key assets. The decision arises out of the first of three attempts by entities to purchase Oncor Electric Delivery Company LLC (“Oncor”) in the complex Energy Future Holdings Corp. bankruptcy cases. In re Energy Future Holdings Corp., 2018 Bankr. LEXIS 2257 (Bankr. D. Del. Aug.