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1
Delaware Bankruptcy Court Issues 2017 Local Rule Amendments
Earlier this month, the U.S. Bankruptcy Court for the District of Delaware released an update to the Local Rules for the United States Bankruptcy Court District of Delaware (Effective February 1, 2017).
United States
14 Feb 2017
2
S.D.N.Y. Bankruptcy Court Dismisses Preference Action Involving International Transfer
In the recent decision of Spizz v. Goldfarb Seligman & Co. (In re Ampal-American Israel Corp.), 2017 WL 75750 (Bankr. S.D.N.Y. Jan. 9, 2017), the United States Bankruptcy Court for the Southern District of New York . . .
United States
10 Feb 2017
3
Insurer Allowed To Recoup Premiums Against Insurance Claims
In the recent decision of Miller v. Zurich American Ins. Co. the Delaware Bankruptcy Court addressed the affirmative defense of recoupment asserted by an insurer in defense of an adversary proceeding...
United States
26 Jan 2017
4
ATopTech, Inc. Files For Chapter 11 Protection In Delaware
ATopTech, Inc. ("ATopTech" or "Debtor"), an electronic design automation software company manufacturing software solutions for engineers to assist them in the physical design of integrated circuits...
United States
18 Jan 2017
5
Abeinsa Holding Inc. Obtains Ch. 11 Plan Confirmation
The Court agreed with the U.S. Trustee that the liability releases contained in the Chapter 11 plan are broad. However, the Court found that they do not violate the Bankruptcy Code and were necessary...
United States
12 Jan 2017
6
Modular Space Corporation Files For Chapter 11 Bankruptcy Protection
Modular Space makes, leases and sells office trailers, mobile offices, temporary classrooms, modular office complexes and portable storage units.
United States
9 Jan 2017
7
Preference Actions Filed In The Seal123, Inc. Bankruptcy Proceeding
From December 15-21, 2016, the Seal123, Inc. Liquidation Trust filed approximately 68 complaints seeking the avoidance and recovery of allegedly preferential and/or fraudulent transfers...
United States
5 Jan 2017
8
Dismissal Of Preference And Fraudulent Transfer Claims Granted
In the recent decision of George L. Miller v. Edward Welke, et al. (In re United Tax Group, LLC), Adv. Pro. No. 16-50088 (LSS), the Delaware Bankruptcy Court considered a motion for judgment on the pleadings in connection with the Trustee's complaint asserting preference and fraudulent transfer claims.
United States
22 Dec 2016
9
Formation Meeting Scheduled In Limitless Mobile, LLC Bankruptcy
In the Limitless Mobile, LLC bankruptcy proceeding (Delaware Bankruptcy Case No. 16-12685), a formation meeting has been scheduled for December 16, 2016 at 10:00 a.m.
United States
13 Dec 2016
10
Limitless Mobile, LLC Files For Chapter 11 Protection
On December 2, 2016, Limitless Mobile, LLC ("Limitless" or the "Debtor") filed a chapter 11 voluntary petition in the United States Bankruptcy Court for the District of Delaware.
United States
7 Dec 2016
11
Ninth Circuit Requires Debtors To Pay Interest At Default Rate To Cure Default
The debtor defaulted on a mortgage. The bankruptcy court confirmed a chapter 11 plan that allowed the debtor to cure the default by selling the property and using the sale proceeds to pay the loan off...
United States
1 Dec 2016
12
Ordinary Course Defense Examined By The 7th Circuit – Bucketing Analysis Rejected
In the recent decision of Unsecured Creditors Comm. of Sparrer Sausage Co., Inc. v. Jason's Foods, the Seventh Circuit overturned the bankruptcy court's application of the "bucketing" method to assess an ordinary-course defense to preference liability.
United States
16 Nov 2016
13
American Apparel Files Second Bankruptcy In Just Over A Year
Made-in-the-USA retailer American Apparel, LLC and its affiliated entities ("Debtors") filed for Chapter 11 bankruptcy protection on Monday, Nov. 14th for the second time in just over a year, colloquially known as the "Chapter 22".
United States
16 Nov 2016
14
Interest Payments Do Not Qualify As Protected Settlement Payments Under Section 546(e)
The bankruptcy court stated that "while Madoff applies an expansive scope for a protected ‘securities contract,' the current record provides no factual basis to support the defendants' argument."
United States
2 Nov 2016
15
Sanjel (USA) Inc. – Chapter 15 Creditors May Challenge Reach of Stay in Recognition Order
A recent decision by the United States Bankruptcy Court for the Western District of Texas in In re Sanjel (USA) Inc., et al., Case No. 16-50778-CAG (Bankr. W.D. Tex. July 29, 2016) explains that in a Chapter 15 case, the U.S. bankruptcy court will not always apply the law of the foreign jurisdiction to U.S. creditors and U.S.-based claims.
United States
25 Oct 2016
16
United States Trustee Meeting Room Change
According to the United States Bankruptcy Court for the District of Delaware's website, the meeting room for the United States Trustees has been changed
United States
18 Oct 2016
17
Local Rules Comment Period
According to the United States Bankruptcy Court for the District of Delaware's website, the Court has instituted an annual process to review and consider comments and revisions to its Local Rules.
United States
14 Oct 2016
18
Delaware Bankruptcy Court Now On Twitter
The Delaware Bankruptcy Court announced recently that it is now on Twitter.
United States
10 Oct 2016
19
Bankrutpcy Code Section 303(i) Does Not Preempt State Law Claims By Non-Debtors
In Rosenberg v. DVI Receivables XVII, LLC, the United States Court of Appeals for the Third Circuit held that Section 303(i) of the United States Bankruptcy Code does not preempt state law claims.
United States
28 Sep 2016
20
Bankruptcy Court Denies Motion To Compel Arbitration
Judge Sontchi considered whether motion to compel the arbitration of several claims. For the reasons set forth below, the Court denied the motion.
United States
20 Sep 2016
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