DelawareBankruptcyLitigation

Noble Logistics – $61 Million Class Claim Survives Summary Judgment

01/28/16

On January 26, 2016, the Delaware Bankruptcy Court denied Debtors Noble Logistics Inc., et al.’s (“Debtors” or “Noble Logistics”) motion for summary judgment on their objections to the claims filed by Richard Maximo individually, and on behalf of the Putative Class.  The claims were filed in the amounts of $188,014.13, and $61,292,607.17, respectively (the “Maximo Claims”). A link to the opinion can be found here.

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Trump Decision – Claims of Unite Here Health are not Administrative

01/27/16

In a 5 page opinion released January 21, 2016 in the Trump Entertainment Resorts case (Bank. D. Del.

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DE Bankruptcy Court Abstains from Determining Altegrity’s Tax Liability

01/19/16

In the recent opinion issued by Judge Laurie Selber Silverstein of the Bankruptcy Court for the District of Delaware, In re Altegrity, et al., Case No. 15-10226 (LSS) (D. Del. Bankr. Ct. Jan.

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Third Circuit Affirms Bankruptcy Opinion – Trump Entertainment

01/18/16

On January 15, 2016, the Third Circuit Court of Appeals issued a precedential opinion (the “Opinion”) affirming the October 20, 2014 opinion of Judge Gross.  The Opinion is available here.  My blog post about Judge Gross’ opinion is available here: Trump Entertainment – A Debtor’s Rejection of a Bargaining Agreement.  Note, this was a direct appeal f

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Professional Fee Issues in Tropicana Entertainment

01/11/16

In a 10 page opinion released January 5, 2016 in the Tropicana Entertainment bankruptcy (Bank. D. Del. 08-10856), Judge Carey of the Delaware Bankruptcy Court provided  a critical opinion concerning the handling of a dispute arising from two debtors’ division of professional payments.  Judge Carey’s opinion is available here (the “Opinion”).

Background

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Capsule International Holdings Preference Actions UPDATE

01/11/16

By way of update to the Capsule International Holdings preference action filings (see original post here), the Official Committee of Unsecured Creditors (the “Committee”) recently filed a Motion for Authority to Settle Classes of Preference Claim Controversies Pursuant to Bankruptcy Rule 9019(b) and to Modify Compromise Procedures (the “Motion”).

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New Gulf Resources – 341 and Formation Meetings Scheduled

01/04/16

On December 17, 2015, New Gulf Resources, LLC and 3 affiliated debtors (collectively, the “Debtors”) each filed a voluntary petition for relief under Chapter 11 of the United States Bankruptcy Code in the United States Bankruptcy Court for the District of Delaware.  The cases are jointly administered under Case No. 15-12566 and are pending before the Honorable Brendan Linehan Shannon. The first day hearing was held on December 18, 2015.  The “second day” hearing is scheduled for January 19, 2016 at 12:00 p.m.

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Swift Energy Co., Shale Oil Driller, Files for Chapter 11 Bankruptcy in Delaware

01/04/16

Swift Energy Co. (“Swift”) has become the latest U.S. shale driller to file for Chapter 11 bankruptcy, filing a voluntary petition on December 31, 2015.  Swift pumps oil in the Eagle Ford Shale in South Texas and in Louisiana fields.

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Involuntary Bankruptcy Filed Against Metrogate LLC

12/28/15

On December 22, 2015, an involuntary bankruptcy petition was filed against Metrogate, LLC, in the United States District Court for the District of Delaware.  The petitioning creditors are various Taberna Preferred Funding entities.

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Judge Sontchi Opines on Committee Counsel Fee Application

12/28/15

In a 7 page decision released December 28, 2015, Judge Sontchi of the Delaware Bankruptcy Court ruled on a professional’s fee application.  Even though the Opinion is not particularly unexpected or unusual, because this occurs so infrequently, I thought it worth noting.  Judge Sontchi’s opinion is available here (the “Opinion”).  The Opinion was issued in Cal Dive International, Inc., Case No. 15-10458.

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