Delaware Bankruptcy

Wire Company Holdings, Inc. Files for Chapter 11 Protection – Seeks Sale of Assets

10/13/15

Wire Company Holdings, Inc. (d/b/a New York Wire) and Wire Property Holdings, LLC filed chapter 11 petitions before the United States Bankruptcy Court for the District of Delaware on October 8, 2015 (lead case number 15-12097-LSS).  As set forth below, the Debtors seek authority to sell substantially all of their assets.

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Commercial Landlord Dispute – Dismissal for Cause and the Interplay of Sections 349 and 1112

09/30/15

Not uncommonly, the timing of a commercial tenant’s bankruptcy filing will correspond with a landlord seeking to evict the tenant or institute foreclosure proceedings.  What is the effect of a dismissal requested by a commercial debtor after the landlord has successfully prevailed in the underlying bankruptcy case?  The recent decision of Scarborough-St. James Corporation, case no.

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Santa Fe Gold Corp. Files for Bankruptcy

08/31/15

On August 26, 2015, Santa Fe Gold Corporation and three of its subsidiaries, filed voluntary petitions under Chapter 11 of the Bankruptcy Code in the U.S. Bankruptcy Court for the District of Delaware (the “Court”).  The case no. is 15-11761 and is pending before the Honorable Mary F. Walrath.

The Debtors are continuing in possession of their properties and are managing their businesses, as debtors in possession, in accordance with the applicable provisions of the Bankruptcy Code and orders of the Court.

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Preference Actions filed in Deb Shops Bankruptcy

07/30/15

On July 29, 2015, Deb Shops SDFMC LLC, in its capacity as debtor in possession, filed 92 preference complaints seeking to avoid and recover alleged preferential transfers pursuant to Sections 547 and 550 of the Bankruptcy Code, and to disallow claims of the defendants pursuant to Section 502(d).

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Powerwave Preferences – Trustee Obtains Relief Regarding Service of Foreign Defendants

05/31/15

Recently in the Powerwave Technologies Inc. bankruptcy action, the Chapter 7 Trustee filed in excess of 100 preference actions seeking to avoid and recover alleged preferential transfers pursuant to Sections 547 and 550 of the Bankruptcy Code.  To read a prior post on the filing of these actions, click here.

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United States Supreme Court Expands Power of Bankruptcy Courts- Wellness Int’l v. Sharif

05/31/15

Holding: Article III permits bankruptcy judges to adjudicate Stern claims with the parties’ knowing and voluntary consent.  Consent by parties also need not be in writing but can be determined through conduct.

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DE Bankruptcy Court Denies Canadian Employees’ Motion to File Late Proof of Claim in Nortel

05/27/15

In the case of In re Nortel Networks, Inc. et al., Case No. 09-10138 (KG) (Del. Bankr. Ct. May 21, 2015), Judge Gross considered a motion filed by the “Ad Hoc Committee of Canadian Employees Terminated Pre-Petition” seeking leave to file proofs of claim after the expiration of the Bar Date applicable to Nortel’s U.S. Debtors.

Background

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Corinthian Colleges, Inc. – Warn Class Action Lawsuit Filed

05/05/15

On May 5, 2015, Outten & Golden LLP and Loizides, P.A. filed a class action adversary proceeding complaint for violation of the WARN Act in the Corinthian Colleges bankruptcy.  The Corinthian Colleges bankruptcy is case number 15-10952 and this adversary proceeding is number 15-50309.

The Delaware Bankruptcy Court has previously published opinions concerning the WARN Act, as can be seen in our prior posts:

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RadioShack to Auction Customer Data

04/29/15

Recently in the RadioShack Corp. case, the Delaware Bankruptcy Court granted the debtor’s bid procedures motion allowing the debtor to auction certain of its assets, including trademarks and collection of customer data, while directing RadioShack to provide more information in terms of what personal information has been collected by the company and is to be sold.  The Texas Attorney General, among others, made requests that further information be disclosed in order for the Bankruptcy Court to determine whether certain information should be sold at auction.

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Frederick’s of Hollywood Files Chapter 11 Bankruptcy in Delaware

04/21/15

On April 19, 2015, Frederick’s of Hollywood, Inc., and its affiliated companies (the “Debtors” or “Frederick’s”) filed chapter 11 bankruptcy petitions in the United States Bankruptcy Court for the District of Delaware.  At the time of the bankruptcy filing, the Debtors held assets in the amount of $36.5 million, and debts in the amount of $106 million.

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