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    An [in]subordinate lender: Delaware Bankruptcy Court dismisses mezzanine borrower's chapter 11 case for bad faith
    2012-01-24

    In an opinion that has wide-ranging implications for the structured finance industry, the Delaware bankruptcy court recently dismissed a mezzanine borrower’s chapter 11 case as a bad faith filing pursuant to section 1112(b) of the Bankruptcy Code. In re JER/Jameson Mezz Borrower II, LLC, No. 11-13338, 2011 WL 6749058 (Bankr. D. Del. Dec.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Cole Schotz PC, Bankruptcy, Bad faith, United States bankruptcy court
    Location:
    USA
    Firm:
    Cole Schotz PC
    New Delaware Chapter 11 Filing - Prescription Advisory Systems & Technology, Inc.
    2018-11-14

    Prescription Advisory Systems & Technology, Inc. (“PAST”), a medical technology and software company, has filed a petition for relief under chapter 11 in the Bankruptcy Court for the District of Delaware (Case No. 18-12601).

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Cole Schotz PC, Balance sheet, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    Norman L. Pernick , G. David Dean , Myles R. MacDonald
    Location:
    USA
    Firm:
    Cole Schotz PC
    New Delaware Chapter 11 Filing - Tintri, Inc.
    2018-07-10

    Tintri, Inc., a Mountain View, California-based enterprise cloud storage company, has filed a petition for relief under Chapter 11 in the Bankruptcy Court for the District of Delaware (Case No. 18-11625).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cole Schotz PC, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    Norman L. Pernick , G. David Dean
    Location:
    USA
    Firm:
    Cole Schotz PC
    New Delaware Chapter 11 Filing - RMH Franchise Holdings, Inc.
    2018-05-08

    RMH Franchise Holdings, Inc., an Applebee’s franchisee based in Atlanta, GA, has, along with four subsidiaries and affiliates, filed a petition for relief under Chapter 11 in the Bankruptcy Court for the District of Delaware (Lead Case No. 18-11092). RMH’s petition reports an estimated $100 – $500 million in assets and liabilities.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cole Schotz PC, United States bankruptcy court
    Location:
    USA
    Firm:
    Cole Schotz PC
    New Delaware Chapter 11 Filing - Zohar III, Corp.
    2018-03-12

    Zohar III, Corp., along with five of its subsidiaries and affiliates, has filed a petition for relief under Chapter 11 in the Bankruptcy Court for the District of Delaware (Lead Case No. 18-10512).

    Filed under:
    USA, Insolvency & Restructuring, Cole Schotz PC, Bankruptcy, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    Norman L. Pernick , Nicholas J. Brannick
    Location:
    USA
    Firm:
    Cole Schotz PC
    New Delaware Chapter 15 Filing - RCR International, Inc.
    2018-01-19

    RCR International, Inc. (“RCR”), along with its wholly-owned subsidiary, has filed a petition under Chapter 15 in the Bankruptcy Court for the District of Delaware (Lead Case No. 18-10112).

    Filed under:
    Canada, USA, Quebec, Insolvency & Restructuring, Cole Schotz PC, Bankruptcy, United States bankruptcy court, US District Court for District of Delaware, Quebec Superior Court
    Location:
    Canada, USA
    Firm:
    Cole Schotz PC
    New Delaware Chapter 11 Filing - Real Industry, Inc.
    2017-11-17

    Real Industry Inc., a publicly traded holding company based in New York, has, along with seven subsidiaries and affiliates, including its only operating subsidiary, an aluminum recycling and alloy production company based in Beachwood, Ohio, has filed a petition for relief under Chapter 11 in the Bankruptcy Court for the District of Delaware (Lead Case No.

    Filed under:
    USA, Insolvency & Restructuring, Cole Schotz PC, Bankruptcy, United States bankruptcy court, US District Court for District of Delaware
    Location:
    USA
    Firm:
    Cole Schotz PC
    New Delaware Chapter 15 Filing - Takata Corporation
    2017-08-09

    Takata Corporation, a Japanese corporation, as well as two of its subsidiaries and affiliates have filed a petition for recognition of a foreign main proceeding in the Bankruptcy Court for the District of Delaware (Case No. 17-11713).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cole Schotz PC, United States bankruptcy court
    Authors:
    Norman L. Pernick , Nicholas J. Brannick
    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
    U.S. Supreme Court to Rule on Rights of Trademark Licensees Upon Rejection of a License Agreement Under Section 365 of the Bankruptcy Code
    2018-11-01

    On October 26, 2018, the U.S. Supreme Court granted a petition for a writ of certiorari in the case of Mission Product Holdings, Inc. v. Tempnology, LLC, to decide the issue of whether a debtor-licensor’s rejection of a trademark license agreement under section 365 of the Bankruptcy Code terminates the rights of the licensee to use the applicable trademarks. No. 17-1657, 2018 WL 2939184 (U.S. Oct. 26, 2018). The appeal arises from a decision by the U.S.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Trademarks, Cole Schotz PC, SCOTUS, United States bankruptcy court
    Location:
    USA
    Firm:
    Cole Schotz PC

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