Decision in Everything But Water, LLC Requires Preference Claimants to Identify Transferees Specifically in Granting Motion to Dismiss
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News Topic: The Honorable Mary F. Walrath
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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
Evergreen Solar Files Bankruptcy In Delaware
On August 15, 2011, Evergreen Solar ("Evergreen"), filed chapter 11 petitions for Bankruptcy in the United States Bankruptcy Court for the District of Delaware. According to the Declaration of Evergreen's CEO, Michael El-Hillow (the ... Read full article
Solyndra Files Bankruptcy in Delaware After Shutting Down Operations
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Stern v. Marshall: Effects on Delaware
On June 23, 2011, the Supreme Court issued a ruling that has sent waves through bankruptcy courts across the nation. Stern v. Marshall , 131 S.Ct. 2594 (2011), is the latest opinion in a long running dispute between the estate of Vickie Lynn Marshall, ... Read full article
Stern v. Marshall: Effects on Delaware
On June 23, 2011, the Supreme Court issued a ruling that has sent waves through bankruptcy courts across the nation. Stern v. Marshall , 131 S.Ct. 2594 (2011), is the latest opinion in a long running dispute between the estate of Vickie Lynn Marshall, ... Read full article
Solyndra Files Bankruptcy in Delaware After Shutting Down Operations
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Evergreen Solar Files Bankruptcy In Delaware
On August 15, 2011, Evergreen Solar ("Evergreen"), filed chapter 11 petitions for Bankruptcy in the United States Bankruptcy Court for the District of Delaware. According to the Declaration of Evergreen's CEO, Michael El-Hillow (the ... Read full article
Decision in Everything But Water, LLC Requires Preference Claimants to Identify Transferees Specifically in Granting Motion to Dismiss
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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
A Closer Look at the Ultimate Acquisition Partners' Bankruptcy
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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
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
A Closer Look at the Jackson Hewitt Bankruptcy
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Decision in Washington Mutual, Inc. Holds That Funds Held in a "Rabbi" Trust For a "Top Hat" Plan are Property of the Estate
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Bankruptcy Trustee in Eclipse Aviation Files Preference Actions
In November, Jeoffrey Burtch, the Chapter 7 Trustee in the AE Liquidation bankruptcy (formerly "Eclipse Aviation"), began filing preference actions against various creditors of Eclipse. Eclipse Aviation began as a New Mexico manufacturer of ... Read full article
Trustee Files More Avoidance Actions in NWL Holdings
In August, the Chapter 7 Trustee in the National Wholesale Liquidators ("NWL") bankruptcy filing approximately 90 preference actions. Just recently, the Trustee filed over 100 more preference actions in NWL. In November of 2008, I wrote about ... Read full article
Decision in DHP Holdings Considers Forum Selection Clause in Deciding Whether to Grant Motion to Change Venue
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Jet Manufacturer, Emivest Aerospace Corp., Files for Bankruptcy In Delaware
On October 20, 2010, Emivest Aerospace Corporation ("Emivest") filed a petition for bankruptcy in the United States Bankruptcy Court for the District of Delaware . Emivest manufactures the SJ30 business jet, which according to the company is ... Read full article