Decision in Everything But Water, LLC Requires Preference Claimants to Identify Transferees Specifically in Granting Motion to Dismiss
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News Topic: DelawareBankruptcyLitigation
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Trustee in Meridian Automotive Systems Files Preference Complaints
On August 7, 2009, Meridian Automotive Systems ("Meridian") filed a voluntary petition for relief under chapter 7 of the United States Bankruptcy Code. Soon after Meridian filed its petition for bankruptcy, the Office of the United States ... Read full article
SemCrude Decision Delineates the Process for Analyzing Motions for Continuance vs. Motions for Summary Judgment
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Recycled Paper Manufacturer, Manistique Papers, Files Bankruptcy in Delaware
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Trustee in DHP Holdings Bankruptcy Files Preference Actions
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A Closer Look at the Ultimate Acquisition Partners' Bankruptcy
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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
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Decision in DBSI Inc., Reminds Us that District Courts have Personal Jurisdiction Throughout the United States
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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
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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
An Update on the Deb Shops Bankruptcy
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Decision in DBSI Inc., Reminds Us that District Courts have Personal Jurisdiction Throughout the United States
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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 Tweeter Opco Once Again Reminds Trustees of the Specificity Requirement in Pleading Preference Actions
Summary In an 11 page opinion published June 14, 2011, Judge Walrath ruled that a Chapter 7 Trustee’s lack of specificity in pleading a preference action was grounds for dismissal under FRCP 12(b)(6). Judge Walrath’s opinion is available here (the ... Read full article
American Home Mortgage - Wrapping Up
We have been getting a number of calls about the American Home Mortgage, Inc. bankruptcy, and since I don’t enjoy giving people bad news, I crafted this post to inform you of the worst of it. On November 30, 2010, the bankruptcy Plan of American Home ... Read full article
Decision in DBSI Delays Motion for Summary Judgment
Summary In an 11 page opinion published May 27, 2011, Judge Walsh granted a motion under F.R.C.P. 56(d) and quoted another opinion which says “where the facts are in possession of the moving party a continuance of a motion for summary judgment for ... Read full article
Decision in NEC Holdings Corp., Holds Non-Debtor Environmental Liabilities to be Non-Core
Summary In a 5 page decision signed May 4, 2011, Judge Walsh of the Delaware Bankruptcy Court held that a proceeding initiated by a Debtor, seeking contribution relating to environmental claims is non-core. Judge Walsh’s opinion is available here (the ... Read full article