The Honorable Mary F. Walrath

Decision in Tweeter Opco, LLC., Holds Non-Debtor Controlling Company Liable for Debtor's Violation of the WARN Act

08/03/11

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 Walrath’s opinion is available here (the “Opinion”).

Background

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Decision in Crucible Materials Requires Preference Claims to Contain More Than Just Recitations of the Code

08/01/11

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 insufficient. Judge Walrath’s opinion is available here (the “Opinion”).

Background

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Decision in Tweeter Opco Once Again Reminds Trustees of the Specificity Requirement in Pleading Preference Actions

06/30/11

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 “Opinion”).

Background

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Bankruptcy Trustee in Eclipse Aviation Files Preference Actions

11/30/10

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 small jet aircraft.  The company filed for bankruptcy in the United States Bankruptcy Court for the District of Delaware on November 25, 2008.  As stated in the

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Trustee Files More Avoidance Actions in NWL Holdings

10/31/10

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 the commencement of NWL bankruptcy (read my prior post concerning the NWL bankruptcy <

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Jet Manufacturer, Emivest Aerospace Corp., Files for Bankruptcy In Delaware

10/22/10

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 "the world's fastest, highest flying and longest range, light business jet."  See Debtors' Declaration in Support of Chapter 11 Petition and First Day Pleadings at p.

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