DelawareBankruptcyLitigation

Operator of Champps Kitchen and Bar, and Fox and Hound, Files for Chapter 11 Protection in Delaware

08/15/16

The operator of the Fox and Hound, Bailey’s Sports Grille and Champps Kitchen and Bar chains filed for Chapter 11 bankruptcy protection on Wednesday, August 10th, listing debts that significantly exceeded assets.

Last Call Guarantor LLC and at least eight affiliates (“Debtors”) filed for Chapter 11 bankruptcy protection in the U.S. Bankruptcy Court for the District of Delaware. The filing constitutes the second bankruptcy filing for chain restaurants.

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Court Strikes Unapproved Filing

08/15/16

 

On August 9, 2016, Judge Kevin Carey of the Delaware Bankruptcy Court issued an Order both dismissing a complaint and striking a defendant’s Notice of Supplemental Authority.   The decision was issued in the Quantum Foods bankruptcy, in the adversary proceeding No. 16-50045.  A copy of the Opinion is available here.

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Bankruptcy Court Rejects Bankruptcy Claims against Maryland Department of Environment in Comprehensive Opinion

08/08/16

On August 4, 2016, the Delaware Bankruptcy Court considered cross-motions for summary judgment in a preference action case styled as Pirinate Consulting Group, LLC v. Maryland Department of the Environment (In re NewPage Corp.), Adv. Pro. No. 13-52206 (KG).  This gem of an opinion is noteworthy in that it analyzes various defenses raised by a state agency to a preference complaint.

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Yes. It is Possible to Avoid Tax Penalty Claims in Bankruptcy

08/05/16

On August 2, 2016, Judge Brendan L. Shannon of the Delaware Bankruptcy Court issued an opinion (the “Opinion”) in the Refco Public Commodity Pool, L.P. bankruptcy, Case No. 14-11216.  A copy of the Opinion is available here.  The Opinion holds that this Debtor’s failure to file its taxes was due to reasonable cause, and the associated tax penalties are, therefor, claims that can be excused and disallowed.

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Opinion in Syntax-Brillian – Terminating a Trustee? Not So Easy.

08/01/16

In a 9-page opinion issued in the Syntax-Brillian case on July 20, 2016, Judge Kevin J. Carey denied the motion of equity holders in Syntax-Brillian seeking to terminate the Liquidation Trustee (the “Trustee”).  A copy of the Opinion is available on the Court’s website: Here.

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SLJ Trucking Inc. Files for Chapter 7 Protection

08/01/16

On July 29, 2016, SLJ Trucking Inc. (“Debtor” or “SLJ”) filed a voluntary bankruptcy petition under Chapter 7 of the United States Bankruptcy Code with the United States Bankruptcy Court for the District of Delaware.  The Debtor is a licensed and bonded freight shipping and trucking company running freight hauling business from Newark, Delaware.

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Quantum Foods: The Intersection of Preference Litigation and Administrative Claims

07/26/16

On July 25, 2016, Judge Kevin Carey of the Delaware Bankruptcy Court issued a thorough decision pursuant to a motion for judgment on the pleadings analyzing the intersection of a preference defendant’s post-petition administrative claim and their preference exposure.  A copy of the Opinion is available here.

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Appalachian Conventional Production Comp Files Chapter 7 Liquidation

07/24/16

On July 13, 2016, Appalachian Conventional Production Comp (“Appalachian” or “Debtor”) filed a Chapter 7 liquidation in the United States Bankruptcy Court for the District of Delaware.  According to the Debtor’s Petition, Appalachian has assets less totaling less than $500,000, and liabilities between $500,000 and $1 million.  Click here to view a copy of Appalachian’s Petition, Schedules of Assets and Liabilities, and Statement of Financial Af

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Qui Tam Motions and Settlements

07/21/16

John O’Toole writes:

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Executive’s Unpaid Stock-Based Compensation Considered an Equity Security by the Court

07/18/16

On July 18, 2016, Judge Walrath issued a concise written opinion ruling upon whether an executive’s claim for unpaid stock-based compensation was an equity security or rather a general unsecured claim against the Debtors’ estate.  The opinion is styled as GSE Environmental, Inc., et al. v. Sorrentino (In re GSE Environmental, Inc., et al.), Adv. Pro. No. 16-50377 (MFW) (Bankr. D. Del. July 18, 2016).

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