In a 24 page decision released April 13, 2017, Judge Walrath of the Delaware Bankruptcy Court denied a motion for summary judgment in a preference action brought by Charles Stanziale as the chapter 7 Trustee of Powerwave Technologies against Superior Technical Resources – Adversary Proceeding Case No. 15-50085. Judge Walrath’s opinion is available here (the
Summary Judgment
Blackhawk Bankruptcy – Opinion Granting Summary Judgment
By Fox Rothschild LLP on
Posted in Opinions
In a brief, 4-page decision released May 26, 2016, Judge Gross of the Delaware Bankruptcy Court granted a motion for summary judgment, barring state court litigation in California on the grounds of res judicata. Judge Gross’ opinion is available here (the “Opinion”).
The Creditors (the state court plaintiffs) seek damages from landslides and soil…
Sportsman’s Warehouse Reminds Us of Basic Contract Interpretation Principles
By Fox Rothschild LLP on
Posted in Opinions
Summary
In a 25 page opinion published February 7, 2013, Judge Sontchi applied black-letter contract interpretation principles in conjunction with the bankruptcy rules in holding that a landlord was not entitled to damages resulting from a debtor’s breach of its lease. Judge Sontchi’s opinion is available here (the “Opinion”).
Background
Pursuant to a…