SemCrude Decision Delineates the Process for Analyzing Motions for Continuance vs. Motions for Summary Judgment
Summary ... Read full article
News Topic: Delaware Bankruptcy Court
Search Results
Recycled Paper Manufacturer, Manistique Papers, Files Bankruptcy in Delaware
Introduction ... Read full article
Fruehauf Opinion Illustrates that Despite a Preference to Allow Amendment of Pleadings, Courts Won't Always Allow Amendment
Summary In a 23 page decision signed July 15, 2011, Judge Walsh of the Delaware Bankruptcy Court denied a motion to allow a plaintiff to file an amended complaint, holding that the amended complaint was too deficient to survive a motion to dismiss and ... Read full article
Decision in Friedmans's Reviews Delaware Precedent on Recharacterization
Summary ... Read full article
Decision in DBSI Inc., Reminds Us that District Courts have Personal Jurisdiction Throughout the United States
Summary ... Read full article
Decision in Tweeter Opco, LLC., Holds Non-Debtor Controlling Company Liable for Debtor's Violation of the WARN Act
Summary In a 24 page decision signed July 8, 2011, Judge Walrath of the Delaware Bankruptcy Court granted a motion to for summary judgment, holding a non-debtor defendant liable with the Debtor as a single employer for alleged WARN Act violations. Judge ... Read full article
Decision in Crucible Materials Requires Preference Claims to Contain More Than Just Recitations of the Code
Summary In a 12 page decision signed July 6, 2011, Judge Walrath of the Delaware Bankruptcy Court granted a motion to dismiss, holding that a complaint that sets forth only conclusory allegations parroting the statutory language of the Bankruptcy Code is ... Read full article
Delaware's Choice-of-Law Analysis as Provided in a Decision in PMTS Liquidating Corp., Which Partially Granted a Motion to Dismiss
Summary ... Read full article
Trustee in Opus East Bankruptcy Files Preference Actions in Delaware
Last month, Jeoffrey Burtch, the Chapter 7 Trustee (the "Trustee") in the Opus East bankruptcy filed approximately 90 preference actions against various defendants. As stated in his complaints, the Trustee "seeks to avoid and recover ... ... Read full article
Decision in DBSI Inc., Reminds Us that District Courts have Personal Jurisdiction Throughout the United States
Summary ... Read full article
Decision in American Remanufacturers, Inc. Holds That an Agreement Creating Mutual Obligations Can Provide a Defense to a Preference Action
Summary In a 56 page opinion published June 9, 2011, Judge Walsh ruled that a method of operating in which all of the credits and debits between two companies were netted out allows this same method to be used in calculating a set-off defense in ... Read full article
Decision in Washington Mutual, Inc. Holds That Funds Held in a "Rabbi" Trust For a "Top Hat" Plan are Property of the Estate
Summary ... Read full article
Decision in New Century TRS Holdings, Inc. Holds That Publication in 2 Newspapers is Insufficient to Grant a Motion for Summary Judgment
Summary In a 14 page opinion published June 7, 2011, Judge Carey ruled that publication of notice in only two newspapers was insufficient information to grant a motion to dismiss based on adequacy of notice. Judge Carey’s opinion is available here (the ... Read full article
A Closer Look at the Jackson Hewitt Bankruptcy
Introduction ... Read full article
Energy Producer, AES Thames LLC, Files for Bankruptcy in Delaware
Introduction ... Read full article
Trustee in WL Homes Bankruptcy Commences Preference Actions
Introduction In January of this year, George L. Miller, the chapter 7 trustee (the "Trustee") in the WL Homes bankruptcy, began filing avoidance actions against various creditors. As alleged in the complaints, the Trustee seeks the recovery of ... Read full article
Seeking Relief from the Automatic Stay in Delaware
Introduction ... Read full article
Apparel Retailer, Orchard Brands, Files for Bankruptcy in Delaware
Introduction ... Read full article
Wolverine Tube Files Bankruptcy, Hoping to Confirm Prearranged Plan
Introduction ... Read full article
Decision in Six Flags Bankruptcy Addresses Sufficiency of Pleadings Under Fed.R.Civ.P. 12(b)(6)
Introduction ... Read full article