Information on Corporate Bankruptcy Proceedings in Delaware and Throughout the United States
Summary
In an 11 page decision signed June 22, 2011, Judge Walsh of the Delaware Bankruptcy Court denied a motion to dismiss, holding that the Bankruptcy Court of the District of Delaware has personal jurisdiction over an insider of a debtor when the debtor files for bankruptcy in the District of Delaware. Judge Walsh’s opinion…
Summary
In an 11 page opinion published June 14, 2011, Judge Walrath ruled that a Chapter 7 Trustee’s lack of specificity in pleading a preference action was grounds for dismissal under FRCP 12(b)(6). Judge Walrath’s opinion is available here (the “Opinion”).
Background
Tweeter Opco, LLC and its affiliates (the “Debtors”), filed voluntary petitions for…
Summary
In an 11 page opinion published May 18, 2011, Judge Shannon ruled that, in the context of a motion to dismiss, the officer of a corporation, which is itself a contractor, is not also a contractor by virtue of her position within the corporation. Judge Shannon’s opinion is available here (the “Opinion”).
Background
Donna…
Introduction
Recently, the Delaware Bankruptcy Court in the Six Flags bankruptcy issued a decision addressing whether an adversary complaint alleged facts sufficient to overcome a motion to dismiss. The Court’s decision provides analysis of recent decisions by the Supreme Court and the Third Circuit regarding standards for pleading. More specifically, the Six Flags decision looks…
Introduction
In January of this year, Judge Brendan L. Shannon of the United States Bankruptcy Court for the District of Delaware issued a decision addressing whether a debtor’s lenders had aided and abetted the directors of debtor, Fedders North America, Inc. (“Fedders”), in breaching their duty of care (read the Fedders’ Decision here). The…
