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  • Article

    Court Reiterates That Debtor's Setoff Rights Trump Those Of Claimant

    At bottom, the Court reiterated that the Bankruptcy Code does not treat a debtor's and creditor's right to setoff equally.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Pierson Ferdinand LLP
    Pierson Ferdinand LLP
  • Article

    CPI Corp. Preference Actions Filed

    From April 24 to 27, 2015, Charles A. Stanziale, Jr., as the Chapter 7 Trustee of CPI Corp., et al., filed preference complaints seeking to avoid and recover alleged preferential transfers pursuant to Sections 547 and 550 of the Bankruptcy Code, and to disallow claims of the defendants pursuant to Section 502(d).
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Pierson Ferdinand LLP
    Pierson Ferdinand LLP
  • Article

    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 StatesInsolvency/Bankruptcy/Re-Structuring
    Pierson Ferdinand LLP
    Pierson Ferdinand LLP
  • Article

    Fresh & Easy, LLC Files For Bankruptcy In Delaware

    On October 30, 2015, Fresh & Easy, LLC ("Debtor" or "Fresh & Easy") filed a petition for bankruptcy under Chapter 11 of the United States Bankruptcy Code.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Pierson Ferdinand LLP
    Pierson Ferdinand LLP
  • Article

    Hercules Offshore Files For Bankruptcy Again

    On June 5th and 6th, 2016, Houston-based energy firm Hercules Offshore Inc. and its affiliated debtors filed for Chapter 11 bankruptcy protection before the United States Bankruptcy Court for the District of Delaware.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Pierson Ferdinand LLP
    Pierson Ferdinand LLP
  • Article

    Intervention Energy Holdings LLC Files for Chapter 11 Protection

    Another North Dakota shale oil driller has filed for bankruptcy protection.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Pierson Ferdinand LLP
    Pierson Ferdinand LLP
  • Article

    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 StatesInsolvency/Bankruptcy/Re-Structuring
    Pierson Ferdinand LLP
    Pierson Ferdinand LLP
  • Article

    New Judge Appointed To The Delaware Bankruptcy Court

    Judge Stickles has thirty years of experience, previously working for Cole Schotz P.C. and Saul Ewing LLP.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Pierson Ferdinand LLP
    Pierson Ferdinand LLP
  • Article

    Oya Renewables – Bidding Procedures Motion

    On November 6th, Oya Renewables Development LLC, et al. (the "Oya Debtors") filed a bidding procedures motion to approve the proposed bidding procedures in connection...
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Pierson Ferdinand LLP
    Pierson Ferdinand LLP
  • Article

    Post-Petition Interest Excluded From Unsecured Indenture Creditor's Claim

    The U.S. Bankruptcy Court for the District of Delaware held in a recent opinion that post-petition interest should be excluded from an unsecured creditor's claim, as otherwise it would violate the plain meaning of Section 502(b)(2).
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Pierson Ferdinand LLP
    Pierson Ferdinand LLP
  • Article

    Powerwave Preferences – Trustee Obtains Relief Regarding Service Of Foreign Defendants

    Through the Extension Order, the Court extended the deadline for the Trustee to serve process on foreign defendants in these actions to September 24, 2015.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Pierson Ferdinand LLP
    Pierson Ferdinand LLP
  • Article

    Preference Actions Filed In NSC Wholesale Holdings In The Delaware Bankruptcy Court

    Starting on October 14, 2020, NSC Wholesale Liquidating Trust ("NSC Trust"), the liquidation trust appointed by the by the United States Bankruptcy Court
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Pierson Ferdinand LLP
    Pierson Ferdinand LLP
  • Article

    Santa Fe Gold Corp. Files for Bankruptcy

    On August 26, 2015, Santa Fe Gold Corporation and three of its subsidiaries, filed voluntary petitions under Chapter 11 of the Bankruptcy Code in the U.S. Bankruptcy Court for the District of Delaware (the "Court"). The case no. is 15-11761 and is pending before the Honorable Mary F. Walrath.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Pierson Ferdinand LLP
    Pierson Ferdinand LLP
  • Article

    United States Supreme Court Expands Power Of Bankruptcy Courts - Wellness Int'l v. Sharif

    Article III permits bankruptcy judges to adjudicate Stern claims with the parties' knowing and voluntary consent. Consent by parties also need not be in writing but can be determined through conduct.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Pierson Ferdinand LLP
    Pierson Ferdinand LLP
  • Article

    Wardman Hotel Owner, LLC Files For Bankruptcy In Delaware

    Wardman Hotel Owner LLC ("Wardman" or "Debtor") filed for Chapter 11 bankruptcy on January 11, 2021, ending its management contract with Marriott International.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Pierson Ferdinand LLP
    Pierson Ferdinand LLP
  • Article

    Advancement Claim For Expert Expenses Allowed – Holley v. Nipro Diagnostics, Inc.

    In the third decision issued by the Court of Chancery in connection with the action styled as Holley v. Nipro Diagnostics, Inc., Vice Chancellor Parsons ruled on whether a claim for advancement to the tune of $294,262.96 in consulting fees incurred by Holley related to an SEC action which was covered for advancement by prior order dated December 23, 2014.
    United StatesLitigation, Mediation & Arbitration
    Pierson Ferdinand LLP
    Pierson Ferdinand LLP
  • Article

    Chancery Issues Sanctions For Deposition Misconduct

    In the recent opinion in the consolidated action of In re Shawe & Elting, LLC, C.A. No. 9661-CB (Del. Ch. Aug. 14, 2015), the Court of Chancery granted a motion for sanctions in connection with deposition misconduct of an attorney admitted pro hac vice in the action.
    United StatesLitigation, Mediation & Arbitration
    Pierson Ferdinand LLP
    Pierson Ferdinand LLP
  • Article

    Court Of Chancery Amends Various Rules Pertaining To Trust Accountings And Guardianship Proceedings

    According to a recent announcement, the Delaware Court of Chancery amended various rules to match current practices in the Court and to clarify the Court's expectations.
    United StatesLitigation, Mediation & Arbitration
    Pierson Ferdinand LLP
    Pierson Ferdinand LLP
  • Article

    Court Stays Consideration Of Action To Allow Arbitrator To Determine Jurisdiction

    The Delaware Court of Chancery has not uncommonly stayed actions in favor of a first-filed arbitration proceeding, especially for the purposes of allowing the arbitration panel to determine the scope of its jurisdiction.
    United StatesLitigation, Mediation & Arbitration
    Pierson Ferdinand LLP
    Pierson Ferdinand LLP
  • Article

    Derivative Complaint Dismissed for Failure to Plead Bad Faith

    In the recent decision of Brinckerhoff v. Enbridge Energy Co. Inc., C.A. No. 11314-VCS (Del. Ch. Apr. 29, 2016), the Court of Chancery dismissed a derivative complaint on the basis that it failed to plead allegations of wrongdoing.
    United StatesLitigation, Mediation & Arbitration
    Pierson Ferdinand LLP
    Pierson Ferdinand LLP

Showing 121–140 of 538 results

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