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    New Delaware Chapter 11 Filing - Remington Outdoor Company, Inc.
    2018-03-26

    Remington Outdoor Company, Inc., along with twelve of its affiliates and subsidiaries, has filed a petition for relief under Chapter 11 in the Bankruptcy Court for the District of Delaware (Lead Case No. 18-10684). Headquartered in Madison, North Carolina, Remington is well-known as one of America’s largest and oldest firearms manufacturers.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cole Schotz PC, United States bankruptcy court
    Authors:
    Norman L. Pernick
    Location:
    USA
    Firm:
    Cole Schotz PC
    New Delaware Chapter 11 Filing- The Bon-Ton Stores, Inc.
    2018-02-05

    The Bon-Ton Stores, Inc. (NASDAQ: BONT), a department store retailer headquartered in York, PA, has, along with nine (9) of its affiliates and subsidiaries, filed a petition for relief under Chapter 11 in the Bankruptcy Court for the District of Delaware (Lead Case No. 18-10248).

    Filed under:
    USA, 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 - Charming Charlie
    2017-12-12

    Charming Charlie Holdings, Inc., a fashion accessories retailer based in Houston, Texas, has, along with six of its affiliates and subsidiaries, filed a petition for relief under Chapter 11 in the Bankruptcy Court for the District of Delaware (Lead Case No. 17-12906). According to the Petition, Charming Charlie has an estimated $50 – $100 million in assets and $100 – $500 million in liabilities.

    Filed under:
    USA, Insolvency & Restructuring, Cole Schotz PC, United States bankruptcy court, US District Court for District of Delaware
    Location:
    USA
    Firm:
    Cole Schotz PC
    Some Upside to Being Upside-Down: The Fifth Circuit Provides Undersecured Creditors an Additional Front on which to Contest Preference Claim
    2017-10-02

    Undersecured creditors face unique challenges because they are neither fully secured nor fully unsecured. Beyond the obviously undesirable issue of being upside-down on their deal, undersecured creditors often are exposed to preference liability for those payments they received in the 90 days prior to the debtor filing bankruptcy. This is especially true where an aggressive trustee is looking to create value or where an opportunistic trustee sees a chance to make a quick buck.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cole Schotz PC, United States bankruptcy court, Fifth Circuit
    Authors:
    Benjamin Wallen
    Location:
    USA
    Firm:
    Cole Schotz PC
    New Delaware Chapter 11 Filing - FirstRain, Inc.
    2017-06-05

    FirstRain, Inc., an enterprise software company headquartered in San Mateo, CA, has filed voluntary petition for relief under Chapter 11 in the Bankruptcy Court for the District of Delaware (Case No. 17-11249). FirstRain’s petition estimates both its assets and liabilities to be between $1 to $10 MM.

    Filed under:
    USA, Insolvency & Restructuring, Cole Schotz PC, United States bankruptcy court
    Location:
    USA
    Firm:
    Cole Schotz PC
    U.S. Supreme Court to Weigh in on Structured Dismissals and Settlements Circumventing the Bankruptcy Code’s Priority Scheme
    2016-07-12

    On June 28, 2016, the U.S. Supreme Court agreed to hear a challenge to a Third Circuit-affirmed settlement and dismissal of the chapter 11 cases of Jevic Transportation, Inc. (“Jevic”) and certain of its affiliates. SeeOfficial Comm. of Unsecured Creditors v. CIT Grp./Bus. Credit Inc. (In re Jevic Holding Corp.), 787 F.3d 173 (3d Cir. 2015), cert. grantedCzyzewski v. Jevic Holding Corp., No. 15-649, 2016 WL 3496769 (U.S. 2016).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cole Schotz PC, Wage, Bankruptcy, Unsecured debt, Class action, Federal Reporter, Leveraged buyout, US Code, Worker Adjustment and Retraining Notification Act 1988 (USA), Sun Capital Partners, SCOTUS, United States bankruptcy court, Third Circuit, US District Court for District of Delaware
    Authors:
    Jacob S. Frumkin
    Location:
    USA
    Firm:
    Cole Schotz PC
    New Delaware Chapter 15 Filing - Alno AG
    2018-11-20

    Alno AG, a manufacturer and retailer of kitchen furniture headquartered in Pfullendorf, Germany, has filed a petition for relief under chapter 15 in the Bankruptcy Court for the District of Delaware (Case No. 18-12651).

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Cole Schotz PC, Retail, 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 - J&M Sales Inc.
    2018-08-06

    J&M Sales Inc., along with nine subsidiaries and affiliates, has filed a petition for relief under Chapter 11 in the Bankruptcy Court for the District of Delaware (Lead Case No. 18-11801). The Debtors, based in Gardena, California, are a discount retailer of brand name apparel and household items, with 344 stores and over 9,800 employees nationwide.

    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 , Myles R. MacDonald
    Location:
    USA
    Firm:
    Cole Schotz PC
    New York Bankruptcy Court Permits Discovery Requests in Chapter 15 Case Despite Potentially Conflicting Cayman Islands Law
    2018-05-14

    On April 17, 2018, the U.S. Bankruptcy Court for the Southern District of New York (the “Court”) issued a decision requiring CohnReznick LLP (“CohnReznick”) to produce documents requested by the foreign representatives (the “Foreign Representatives”) in the chapter 15 case of Platinum Partners Venture Arbitrage Fund (International) Limited (in Official Liquidation) (the “International Fund”).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cole Schotz PC, United States bankruptcy court, US District Court for SDNY
    Authors:
    Jacob S. Frumkin
    Location:
    USA
    Firm:
    Cole Schotz PC
    New Delaware Chapter 11 Filing Involuntary Petition - Candi Controls, Inc.
    2018-03-23

    Candi Controls, Inc., an Oakland, CA-based provider of cloud-based services for energy and facilities management, has had an involuntary petition for relief under Chapter 11 filed against it in the Bankruptcy Court for the District of Delaware (Case No. 18-10679). The involuntary petition was filed by CGM Partners, Howard Elias and Kelly Yang Living Trust, who collectively assert $575,000 in note claims.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cole Schotz PC, United States bankruptcy court
    Authors:
    Norman L. Pernick
    Location:
    USA
    Firm:
    Cole Schotz PC

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