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    New Delaware Chapter 11 Filing - ONE Aviation Corporation
    2018-10-10

    ONE Aviation Corporation, along with eleven subsidiaries and affiliates, has filed a petition for relief under chapter 11 of the Bankruptcy Code in the Bankruptcy Court for the District of Delaware (Lead Case No. 18-12309).

    Filed under:
    USA, Delaware, Aviation, Insolvency & Restructuring, Litigation, 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 - New MACH Gen, LLC
    2018-06-11

    New MACH Gen, LLC, along with four subsidiaries and affiliates, has filed a petition for relief under Chapter 11 in the Bankruptcy Court for the District of Delaware (Lead Case No. 18-11368). MACH Gen, headquartered in The Woodlands, Texas, owns and operates three natural gas-fired electricity generating facilities across the United States.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cole Schotz PC, United States bankruptcy court
    Authors:
    Norman L. Pernick , G. David Dean , Myles R. MacDonald
    Location:
    USA
    Firm:
    Cole Schotz PC
    Recent Bankruptcy Court Decisions Address Bankruptcy Code Section 365
    2018-04-16

    Section 365 of the Bankruptcy Code provides that a debtor “subject to the court’s approval, may assume or reject any executory contract or unexpired lease of the debtor.” 11 U.S.C. § 365. This provision is a powerful tool because it allows a chapter 11 debtor to assume agreements that will be beneficial to restructuring efforts while rejecting agreements that are burdensome. Given its importance, the application of section 365 is not without challenge and subject to interpretation.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Cole Schotz PC, United States bankruptcy court
    Authors:
    Patrick J. Reilley
    Location:
    USA
    Firm:
    Cole Schotz PC
    New Delaware Chapter 11 Filing - HCR ManorCare, Inc.
    2018-03-05

    HCR ManorCare, Inc., a national provider of short-term, post-hospital services and long-term care based in Toledo, Ohio, has filed a petition for relief under Chapter 11 in the Bankruptcy Court for the District of Delaware (Case No. 18-10467). HCR’s Petition estimates both its assets and liabilities to be between $1–$10 billion.

    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 Chapter 11 Filing - Hobbico, Inc.
    2018-01-10

    Hobbico, Inc. , a Chicago-based distributor of radio-control and general hobby products, along with seven of its affiliates, has filed a petition for relief under chapter 11 in the Bankruptcy Court for the District of Delaware (Lead Case No. 18-10055).

    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 11 Filing - M&G USA Corporation
    2017-10-31

    M&G USA Corporation has filed a petition for relief under Chapter 11 in the Bankruptcy Court for the District of Delaware (Case No. 17-12307). M&G USA Corporation is an affiliate of M&G Polymers USA, LCC, which filed for relief last week (Lead Case No. 17-12268) and is pending before the Honorable Brendan Linehan Shannon. M&G USA Corporation’s Petition reports $1 – $10 billion in both assets and liabilities.

    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
    Section 503(b)(9) Claims - What Does “Receipt” Really Mean?
    2017-07-17

    In an era when goods or materials often originate from suppliers or manufacturers outside the United States, bankruptcy courts are grappling with when “receipt” of goods occurs for the purpose of 503(b)(9) claims.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cole Schotz PC, United States bankruptcy court, Third Circuit
    Authors:
    Jill B. Bienstock
    Location:
    USA
    Firm:
    Cole Schotz PC
    Committees: Can the U.S. Trustee Disband What the U.S. Trustee Forms?
    2017-03-06

    Sometimes the smallest bankruptcy cases give rise to the most interesting legal questions. One such case was that of ScripsAmerica, Inc., which gave rise to the question of whether the Office of the United States Trustee (the “UST”) has the statutory authority to disband a committee of unsecured creditors once a committee is appointed, or whether that authority resides with the Bankruptcy Court.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cole Schotz PC, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Nicholas J. Brannick
    Location:
    USA
    Firm:
    Cole Schotz PC
    New Delaware Chapter 11 Filing - Angel Medical Systems, Inc.
    2019-01-02

    Angel Medical Systems, Inc., a developer of medical devices based in Eatontown, NJ, has filed a petition for relief under Chapter 11 in the Bankruptcy Court for the District of Delaware (Case No. 18-12903).

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Cole Schotz PC, 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 - Mattress Firm, Inc.
    2018-10-05

    Mattress Firm, Inc., along with forty (40) affiliates and subsidiaries, has filed a petition for relief under chapter 11 of the Bankruptcy Code in the Bankruptcy Court for the District of Delaware (Lead Case No. 18-12241). Mattress Firm’s petition estimates its assets and liabilities to both be between $1–$10 billion.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Cole Schotz PC, Debtor, United States bankruptcy court, US District Court for District of Delaware
    Location:
    USA
    Firm:
    Cole Schotz PC

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