DelawareBankruptcyLitigation

Opinion in AES Thames – A Pro-Defendant Interpretation of the Ordinary Course of Business Defense

03/04/16

In a 9 page decision signed March 3, 2016 in the AES Thames bankruptcy, Judge Carey of the Delaware Bankruptcy Court held that the recipient of allegedly preferential transfers had received the transfers from the Debtor in the ordinary course of business.  He thus concluded that the Trustee could not avoid and recover the transfers at issue.  Judge Carey’s opinion is available here.

Background

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BMT-NW Acquisition Preference Actions Filed

02/29/16

In the month of February 2016, Charles A. Stanziale, Jr., in his capacity as the Chapter 7 Trustee of BMT-NW Acquisition, LLC (“Debtor”), filed approximately 49 preference actions seeking the avoidance and recovery of alleged preferential actions under Sections 547 and 550 of the Bankruptcy Code.

By way of background, the Debtor filed a voluntary petition for relief under Chapter 7 of the Bankruptcy Code on February 14, 2014.  On the same day, Mr. Stanziale was appointed as the Chapter 7 trustee to the Debtor’s bankruptcy estate.

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Opinion in AgFeed USA – Another (Mostly) Successful Motion to Dismiss

02/20/16

On February 19, 2016, Judge Brendan L. Shannon of the Delaware Bankruptcy Court granted in part the motion of K. Ivan F. Gothner (the “Defendant”) to dismiss a complaint filed by JLL Consultants, the Liquidating Trustee (the “Trustee”) in the AgFeed bankruptcy.  The “Opinion” is available here.

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Judge Sontchi – Feedback for the Court

02/18/16

On February 17, 2016, the Bankruptcy Court published a notification that Judge Christopher S. Sontchi is seeking feedback from the bar on his performance.  As of March 1, 2016, the notice is still available on the website for the Delaware Bankruptcy Court: http://www.deb.uscourts.gov/news/survey-judge-christopher-s-sontchi.

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Sixth Circuit Denies Bad Faith Cram Down

02/08/16

In the recent decision of Village Green I, GP v. Fed. Nat’l Mortgage Ass’n (In re Village Green I, GP), 2016 WL 325163 (6th Cir. Jan. 27, 2016), the Sixth Circuit held that the contrived nature of the impairment will cause the plan to fail section 1129(a)(3)’s requirement of having been proposed in good faith.

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Hancock Fabrics, Inc. Files for Bankruptcy

02/03/16

On February 2, 2016, Hancock Fabrics, Inc. and 6 affiliates filed for relief under chapter 11 of the Bankruptcy Code.  The cases are jointly administered under Case Number 16-10296 and presided over by Judge Shannon.  The first day hearing was held on February 3, 2016.  The second day hearing is scheduled for February 22, 2016 at 1:00 p.m.

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Objections to Applications Which Include Indemnification for Defense of Fees Sustained

02/01/16

In the recent opinion of In re Boomerang Inc., et al., Case No. 15-11247 (Bankr. D. Del. Jan. 29, 2016), the Delaware Bankruptcy Court considered the United States Trustee’s (“UST”) objections to retention applications of several law firms seeking to represent the Official Committee of Unsecured Creditors (the “Committee”) of Boomerang Tube, LLC (the “Debtor”).

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Money Center of America – Motion to Intervene Granted

01/29/16

In a 16 page opinion released January 28, 2016 in the Casino Caribbean, et al. v. Money Centers of America adversary proceeding (Bank. D. Del. Adv. No. 14-50437), Judge Christopher S. Sontchi of the Delaware Bankruptcy Court granted the motion of Quapaw Casino to intervene in the adversary proceeding.  Judge Sontchi’s opinion is available here (the “Opinion”).

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