DelawareBankruptcyLitigation

Quantum Foods Preference Actions Update

11/19/14

In a prior post, we discussed the commencement of approximately 72 preference actions filed in the Quantum Foods bankruptcy proceeding by the Creditors Committee.

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Unitek Global Services Files a Prepack Chapter 11 Bankruptcy in Delaware

11/17/14

Unitek Global Services, Inc. (“Unitek” or the “Debtor”) filed for bankruptcy under Chapter 11 of the Bankruptcy Code on November 3, 2014 in the United States District Court for the District of Delaware.

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NOLs – A Recoverable Transfer?

11/16/14

In a 27 page opinion released October 23, 2014 in the Conex Holdings case (Bank. D. Del.

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Dots, LLC Preference Actions Filed

11/13/14

On November 7, 2014, in the neighboring jurisdiction of the United States Bankruptcy Court for the District of New Jersey, Dots, LLC, et al. (“Debtors” or “Dots”) filed approximately 70 complaints seeking to avoid and recover alleged preferential transfers pursuant to Sections 547 and 550 of the Bankruptcy Code, to disallow claims of the defendants pursuant to Section 502(d), and seeking attorneys’ fees.

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IPC International: Transfer of Venue Granted in Adversary Proceeding

11/08/14

Any defendant to a bankruptcy adversary proceeding seeking to transfer venue of their case should read the recent opinion dated November 3, 2014, in which the Honorable Mary F. Walrath granted Defendant’s motion to transfer venue in the case styled as:

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Trump Entertainment – A Debtor’s Rejection of a Bargaining Agreement

10/30/14

In a 28 page opinion released October 20, 2014 in the Trump Entertainment Resorts case (Bank. D. Del. 14-12103), Judge Kevin Gross of the Delaware Bankruptcy Court provided a thorough analysis of the ability of a debtor to reject a collective bargaining agreement pursuant to 11 U.S.C § 1113.  Judge Gross’s opinion is available here (the “Opinion”).

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Section 503(b)(9): “Receipt” of Goods Discussion

10/29/14

Under Section 503(b)(9) of the Bankruptcy Code, creditors may receive administrative-expense priority for the value of goods “received” by the debtor within 20 days before the debtor’s bankruptcy filing in which the goods have been sold to the debtor in the ordinary course of business. 11 U.S.C. § 503(b)(9).

The question becomes: when are goods considered to be “received” under Section 503(b)(9) of the Code?

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