Opinions

In the recent decision of Village Green I, GP v. Fed. Nat’l Mortgage Ass’n (In re Village Green I, GP), 2016 WL 325163 (6th Cir. Jan. 27, 2016), the Sixth Circuit held that the contrived nature of the impairment will cause the plan to fail section 1129(a)(3)’s requirement of having been proposed in good faith.

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

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

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.

On December 15, 2015, Judge Brendan L. Shannon of the Delaware Bankruptcy Court granted the motion of Hormel Foods (the “Defendant”) to dismiss a complaint filed by JLL Consultants, the Liquidating Trustee (the “Trustee”) in the AgFeed bankruptcy.  The “Opinion” is available here.