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Delaware Bankruptcy Litigation Information on Corporate Bankruptcy Proceedings in Delaware and Throughout the United States

Category Archives: Bankruptcy Case Update

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IMRIS, Inc. Formation Meeting Scheduled

Posted in Bankruptcy Case Update

In the IMRIS, Inc. bankruptcy proceeding (Delaware Bankruptcy Case No. 15-11133), a formation meeting has been scheduled for Thursday, June 4, 2015 at 10:00 a.m. (ET) at the J. Caleb Boggs Federal Building, 844 King Street, Room 2112, Wilmington, DE 19801.  Click Here for a copy of the Notice of Formation Meeting for Official Committee of Unsecured Creditors issued by… Continue Reading

Boston Restaurant Associates, Inc. Formation Meeting and Section 341 Meeting Scheduled

Posted in Bankruptcy Case Update

In the Boston Restaurant Associates, Inc. bankruptcy proceeding (Delaware Bankruptcy Case No. 15-11101), a formation meeting has been scheduled for Tuesday, June 2, 2015 at 10:00 a.m. (ET) at the J. Caleb Boggs Federal Building, 844 King Street, Room 5209, Wilmington, DE 19801.  Click Here for a copy of the Notice of Formation Meeting for Official Committee of Unsecured Creditors… Continue Reading

Corinthian Colleges, Inc. – Warn Class Action Lawsuit Filed

Posted in Bankruptcy Case Update

On May 5, 2015, Outten & Golden LLP and Loizides, P.A. filed a class action adversary proceeding complaint for violation of the WARN Act in the Corinthian Colleges bankruptcy.  The Corinthian Colleges bankruptcy is case number 15-10952 and this adversary proceeding is number 15-50309. The Delaware Bankruptcy Court has previously published opinions concerning the WARN… Continue Reading

RadioShack to Auction Customer Data

Posted in Bankruptcy Case Update

Recently in the RadioShack Corp. case, the Delaware Bankruptcy Court granted the debtor’s bid procedures motion allowing the debtor to auction certain of its assets, including trademarks and collection of customer data, while directing RadioShack to provide more information in terms of what personal information has been collected by the company and is to be… Continue Reading

Frederick’s of Hollywood Formation Meeting and Section 341 Meeting Scheduled

Posted in Bankruptcy Case Update

In the Frederick’s of Hollywood bankruptcy proceeding, a formation meeting has been scheduled for Wednesday, April 28, 2015 at 10:00 a.m. (ET) at the J. Caleb Boggs Federal Building, 844 King St., Room 5209, Wilmington, DE 19801.  Click Here for a copy of the Notice of Formation Meeting for Official Committee of Unsecured Creditors issued by the Office of the… Continue Reading

Karmaloop, Inc. Formation Meeting and Section 341 Meeting Scheduled

Posted in Bankruptcy Case Update

In the Karmaloop, Inc. bankruptcy proceeding, a formation meeting has been scheduled for Wednesday, April 1, 2015 at 10:30 a.m. (ET) at the DoubleTree Hotel, 700 King St., Salon C, Wilmington, DE 19801.  Click Here for a copy of the Notice of Formation Meeting for Official Committee of Unsecured Creditors issued by the Office of the United States Trustee.  If… Continue Reading

Allied Nevada Gold Formation Meeting and Section 341 Meeting Scheduled

Posted in Bankruptcy Case Update

In the Allied Nevada Gold Corp. bankruptcy proceeding, a formation meeting has been scheduled for Thursday, March 19, 2015 at 10:00 a.m. (ET) at the J. Caleb Boggs Federal Building, 844 King St., Room 2112, Wilmington, DE 19801.  Click Here for a copy of the Notice of Formation Meeting for Official Committee of Unsecured Creditors issued by the… Continue Reading

Cal Dive Formation Meeting Scheduled

Posted in Bankruptcy Case Update

In the Cal Dive International, Inc. bankruptcy proceeding, a formation meeting has been scheduled for Tuesday, March 17, 2015 at 10:00 a.m. (ET) at the Doubletree Hotel, 700 N. King Street, Wilmington, DE 19801.  Click here for a copy of the Notice of Formation Meeting for Official Committee of Unsecured Creditors issued by the Office… Continue Reading

Altegrity Formation Meeting and Section 341 Meeting of Creditors Scheduled

Posted in Bankruptcy Case Update

In the Altegrity, Inc. bankruptcy proceeding, a formation meeting has been scheduled for Tuesday, February 24, 2015 at 10:30 a.m. (ET) at the Doubletree Hotel, 700 N. King Street, Wilmington, DE 19801.  Click here for a copy of the Notice of Formation Meeting for Official Committee of Unsecured Creditors issued by the Office of the… Continue Reading

Egenix, Inc. First Day Hearing Scheduled for January 6, 2015

Posted in Bankruptcy Case Update

There have been several developments in the Egenix, Inc. (“Egenix” or “Debtor”) bankruptcy case pending in the District of Delaware.  To review the initial article posted about this bankruptcy action on December 28, 2014, click here. Since the Debtor’s bankruptcy filing, Egenix has filed various motions, including a Motion (I) to Authorize Continued Use of… Continue Reading

Egenix, Inc. files for Bankruptcy in Delaware

Posted in Bankruptcy Case Update

On December 28, 2014, Egenix, Inc. filed for bankruptcy with the United States Bankruptcy Court for the District of Delaware.  As of today’s date, the only document filed with the Court in this action is the petition itself.  According to the petition, Egenix has $500,000 to $1 million in estimated assets, and $1 million to… Continue Reading

Chapter 15 Sale of U.S. Assets of Foreign Debtor Must be Reviewed by U.S. Bankruptcy Court

Posted in Bankruptcy Case Update

In the decision of In re Fairfield Sentry Ltd., 2014 WL 4783370, *4-5 (2d Cir. Sept. 26, 2014), the U.S. Court of Appeals for the Second Circuit ruled that a U.S. Bankruptcy Court was required to review a foreign debtor’s sale of property within the territorial jurisdiction of the United States, relying upon the language of… Continue Reading

Tuscany Bankruptcy: No Unsecured Creditors’ Committee Formed

Posted in Bankruptcy Case Update

In the Tuscany International Drilling bankruptcy action, filed in the United States Bankruptcy Court for the District of Delaware, the United States Trustee recently filed a Statement that the Unsecured Creditors’ Committee Has Not Been Formed.  The Statement indicates that there was “insufficient response to the United States Trustee’s communications/contact for service on the committee.”… Continue Reading

Tuscany International Drilling’s “First Day” Motions Granted; Section 341 Meeting of Creditors Scheduled

Posted in Bankruptcy Case Update

As discussed in the prior post, Tuscany International Drilling Inc., and its subsidiary, Tuscany International Holdings (U.S.A.) Ltd. (“Tuscany” or the “Debtors”) filed for bankruptcy on February 2, 2014 with the United States District Court for the District of Delaware.  On February 4, 2014, the Court held a “First Day” hearing to hear a number… Continue Reading

Notice: Order in AFA Investment, Inc. Has Substantial Effect on Creditors — Guest Post Written by Jay Strock

Posted in Bankruptcy Case Update

On May 8, 2012, the U.S. Bankruptcy Court for the District of Delaware (the “Court”) entered its Order (the “Order”) Establishing Procedures to Assert Claims Arising under Section 503(b)(9) of the Bankruptcy Code (“503(b)(9) Claims”) in the chapter 11 cases of AFA Investment, Inc. and its affiliated debtors (collectively, the “Debtors”) (Bankr. D. Del. 12-11127… Continue Reading

Washington Mutual’s Plan of Reorganization has been Confirmed

Posted in Bankruptcy Case Update

At approximately 10:15 this morning, Judge Walrath of the Delaware Bankruptcy Court made an oral ruling confirming Washington Mutual’s chapter 11 plan of reorganization. Over the last three and one-half years, hundreds of attorneys and other professionals have worked thousands of hours in an effort to help WAMU obtain a measure of relief from its debts so… Continue Reading

Apparel Retailer, Orchard Brands, Files for Bankruptcy in Delaware

Posted in Bankruptcy Case Update

Introduction On January 19, 2011, Orchard Brands, also known as "Appleseed’s Intermediate Holdings," filed petitions for bankruptcy in the United States Bankruptcy Court for the District Delaware.  According to the Declaration of T. Neale Attenborough, Orchard Brands’ CEO, the company sells clothing and home goods under 17 different brands including Monterey Bay, Norm Thompson, Draper’s… Continue Reading

Trustee In DBSI Bankruptcy Files Adversary Actions

Posted in Bankruptcy Case Update

Introduction Earlier this month, the chapter 11 trustee (the "Trustee") in the DBSI bankruptcy began filing adversary actions seeking the avoidance and recovery of alleged fraudulent transfers.  The Trustee filed the adversary actions against various defendants, some of whom the Trustee identifies as "John Doe 1 -10."  This post will look briefly at the DBSI bankruptcy proceeding, why… Continue Reading

Third Circuit Affirms Delaware Bankruptcy Court Stub Rent Decision

Posted in Bankruptcy Case Update

Below is a post from Michael Temin, senior counsel with Fox Rothschild.  —————————————————————————– Bankruptcy Code § 365(d)(3) requires the trustee or the debtor in possession to "timely perform all the obligations of the debtor . . .arising from and after the order for relief under any unexpired lease of nonresidential real property, until such lease is… Continue Reading

Frenville Overruled

Posted in Bankruptcy Case Update

I am proud to introduce a contributing "blogger" to the Delaware Bankruptcy Litigation Blog.  As a frequent author and speaker on corporate bankruptcy, Michael Temin needs no introduction.  Michael is senior counsel with Fox Rothschild, a contributing author to Collier on Bankruptcy, Collier Bankruptcy Practice Guide and co-editor of the Pennsylvania Ethics Handbook (2008).  The following… Continue Reading

American Safety Razor Files for Bankruptcy, Citing Slow Growth and Increased Competition

Posted in Bankruptcy Case Update

Introduction American Safety Razor Company (“ASR”),  one of the largest manufacturers of shaving razors and blades, filed for bankruptcy protection in Delaware on July 28, 2010.  According to the  Declaration of ASR’s Chief Financial Officer, Andrew Bolt (the “Bolt Declaration“), the company’s net sales for 2009 totaled $330 million, down from the $351 million in sales achieved in 2008. … Continue Reading