In a decision signed July 17, 2017 in the Our Alchemy, LLC bankruptcy (case 16-11596), Judge Gross of the Delaware Bankruptcy Court granted a trustee’s partial motion to dismiss a complaint, holding that a creditor cannot assert general claims against a Chapter 7 Trustee in his official capacity (essentially a derivative action meant to enrich
Blocking Directors 101: Fiduciary Duties Apply
In an Alert published on Wednesday, Audrey Noll examines the U.S. Bankruptcy Court for the Northern District of Illinois’ recent ruling in In re Lake Mich. Beach Pottawattamie Resort LLC:
Lenders beware: An Illinois bankruptcy court recently ruled that a lender went too
Summary Judgment Granted in Favor of New Matco Defendants in NewStarcom Holdings Bankruptcy
In the NewStarcom Holdings bankruptcy matter, Miller v. American Capital Ltd., et al. (In re NewStarcom Holdings, Inc., et al.), Adv. Pro. 10-50063 (CSS) (Bankr. D. Del. March 8, 2016), the Delaware Bankruptcy Court ruled upon various motions, including a motion for summary judgment filed by defendants. The Chapter 7 Trustee filed an
Delaware’s Choice-of-Law Analysis as Provided in a Decision in PMTS Liquidating Corp., Which Partially Granted a Motion to Dismiss
Summary
In a 20 page decision signed July 1, 2011, Judge Shannon of the Delaware Bankruptcy Court partially granted a motion to dismiss, holding that the allegations of fraud in the complaint were insufficiently pled as to one of the defendants. Judge Shannon’s opinion is available here (the “Opinion”). It seems that claims of