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    New Delaware Chapter 11 - Bertucci’s Holdings, Inc.
    2018-04-16

    Bertucci’s Holdings, 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. 18-10894). Bertucci’s, headquartered in Worcester, MA, is a brick oven Italian eatery with fifty-nine (59) locations through the Northeast and Mid-Atlantic.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cole Schotz PC, United States bankruptcy court
    Authors:
    Norman L. Pernick , G. David Dean
    Location:
    USA
    Firm:
    Cole Schotz PC
    New Delaware Chapter 11 Filing - The Walking Company Holdings
    2018-03-06

    The Walking Company Holdings, a Santa Barbara, CA-based designer, manufacturer and retailer of comfort footwear and casual apparel, has, along with its wholly owned subsidiaries The Walking Company, Big Dog USA, Inc. and FootSmart, Inc., filed

    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 11 Filing - KIKO USA, Inc.
    2018-01-11

    KIKO USA, Inc., a retailer of professional makeup and skincare products based in New York, NY, has filed a petition for relief under Chapter 11 in the Bankruptcy Court for the District of Delaware (Case No. 18-10069).

    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
    A Degree Too Far: NY Bankruptcy Court Denies Debtors’ Request For Bankruptcy Rule 2004 Examination in Connection with Third-Party Litigation
    2017-11-02

    History: In a June 14, 2017, bankruptcy blog titled “Six Degrees of Separation: Use of Bankruptcy Rule 2004 Examination in Connection with Third-Party Litigation“, we reported on what appeared to be a case of first impression that arose in a case pending before United States Bankruptcy Judge Stuart Bernstein in the United States Bankruptcy Court for the Southern Distr

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cole Schotz PC, Federal Rules of Civil Procedure (USA), United States bankruptcy court, US District Court for SDNY
    Location:
    USA
    Firm:
    Cole Schotz PC
    New Delaware Chapter 11 Filing - Rent-A-Wreck of America, Inc.
    2017-07-25

    Rent-A-Wreck of America, Inc., and its affiliate Bundy American, LLC have filed a chapter 11 petitions before the United States Bankruptcy Court for the District of Delaware (Lead Case No. 17-11592).

    Filed under:
    USA, Insolvency & Restructuring, Cole Schotz PC, United States bankruptcy court
    Location:
    USA
    Firm:
    Cole Schotz PC
    US Supreme Court confirms priority rules apply to a structured dismissal of a chapter 11 bankruptcy case
    2017-07-07

    In its recent decision Czyzewski v. Jevic Holding Corp., 137 S. Ct. 973 (2017), the United States Supreme Court held that a bankruptcy court may not approve a structured dismissal of a chapter 11 case that provides for distributions that fail to follow the standard priority rules, unless the affected creditors consent to such treatment.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, DLA Piper, Bankruptcy, SCOTUS, United States bankruptcy court
    Location:
    USA
    Firm:
    DLA Piper
    Simplexity ruling: potential impact on director and officer liability for pre-petition decisions delaying bankruptcy filings - key takeaways
    2017-01-11

    The United States Bankruptcy Court for the District of Delaware recently issued an opinion that could mean that directors and officers of insolvent entities face liability for damages caused by the failure to timely file for bankruptcy protection.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, DLA Piper, United States bankruptcy court
    Authors:
    Richard A. Chesley , Jamila Justine Willis
    Location:
    USA
    Firm:
    DLA Piper
    Delaware Bankruptcy Court: provision granting creditor veto over debtor’s decision to file bankruptcy violates federal public policy
    2016-06-21

    In a case of first impression, DLA Piper argued before the US Bankruptcy Court for the District of Delaware that a consent provision in a Delaware LLC operating agreement effectively granting a creditor a veto right over a debtor’s decision to file for bankruptcy was void because it was contrary to federal public policy.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, DLA Piper, Bankruptcy, Debtor, Limited liability company, Title 11 of the US Code, United States bankruptcy court, US District Court for District of Delaware
    Location:
    USA
    Firm:
    DLA Piper
    Sabine ruling: significant impact on future oil and gas exploration, pipeline company restructurings - key takeaways
    2016-03-10

    The US Bankruptcy Court for the Southern District of New York has issued a ruling in a chapter 11 case that could have a significant  impact on future restructurings in the oil and gas industry.

    On March 8, 2016,  in the case of Sabine Oil and Gas Corp., Judge Shelley Chapman ruled that Sabine could reject certain pipeline and gas gathering agreements with two midstream gathering pipeline companies.

    Filed under:
    USA, New York, Energy & Natural Resources, Insolvency & Restructuring, Litigation, DLA Piper, United States bankruptcy court
    Location:
    USA
    Firm:
    DLA Piper
    Bankruptcy Court defines limits of shareholder safe harbor in failed leveraged buyouts
    2014-01-24

    An opinion issued in connection with the bankruptcy cases of Lyondell Chemical Company and its affiliates may have significant implications for shareholders who receive payments in connection with a leveraged buyout when the underlying company subsequently files for bankruptcy. 

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, DLA Piper, Bankruptcy, Shareholder, Debtor, Leveraged buyout, United States bankruptcy court
    Location:
    USA
    Firm:
    DLA Piper

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