In a 7 page decision released December 28, 2015, Judge Sontchi of the Delaware Bankruptcy Court ruled on a professional’s fee application. Even though the Opinion is not particularly unexpected or unusual, because this occurs so infrequently, I thought it worth noting. Judge Sontchi’s opinion is available here (the “Opinion”). The Opinion was issued in
The Honorable Christopher S. Sontchi
Affirmative Insurance Holdings, Inc. Files for Bankruptcy – 341 and Formation Meetings Scheduled
By Fox Rothschild LLP on
Posted in Bankruptcy Case Summaries
On October 14, 2015, Affirmative Insurance Holdings, Inc. and 7 affiliates filed for relief under chapter 11 of the Bankruptcy Code. The cases are jointly administered under Case Number 15-12136 and presided over by Judge Christopher S. Sontchi. The first day hearing was held on October 19, 2015. The second day hearing is scheduled for…
Orchard Supply – The Trouble With Motions to Dismiss
By Fox Rothschild LLP on
Posted in Opinions
Summary
In a 14 page decision released May 12, 2015, Judge Sontchi of the Delaware Bankruptcy Court illustrated why even perfect motions to dismiss may not be worth filing. Judge Sontchi’s opinion is available here (the “Opinion”). The Opinion was issued in the adversary proceeding Alamo Group, LLC and Kirin Alamo, LLC v. A&G Realty…
Opinion Rules that Shareholder Meetings Continue During Bankruptcy
By Fox Rothschild LLP on
Posted in Opinions
In an 19 page opinion issued April 1, 2015 in the SS Body Armor I, Inc. Bankruptcy (10-11255), Judge Sontchi held that an action to compel a shareholder meeting is not barred by the automatic stay of 11 U.S.C. 362. The Opinion is Available Here.
Background
This case if full of drama; the Debtors’ former…
Conex Bankruptcy – Summary Judgment in a Preference Action
By Fox Rothschild LLP on
Posted in Opinions
In an 18 page opinion released December 18, 2014 in the Conex Holdings bankruptcy (Bank. D. Del. 11-10501), Judge Sontchi of the Delaware Bankruptcy Court analyzed the “ordinary course of dealings” defense to a preference action between the Debtors and Industrial Specialists Inc, the preference defendant (“Defendant”), in granting summary judgment in favor of the…
NOLs – A Recoverable Transfer?
By Fox Rothschild LLP on
Posted in Opinions
In a 27 page opinion released October 23, 2014 in the Conex Holdings case (Bank. D. Del. 11-10501), Judge Sontchi of the Delaware Bankruptcy Court provided his analysis of the ability of a debtor to recover the value of NOLs used by its parent within consolidated tax returns. This ruling has implications for any debtor…
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…
Ruling Confirms that Judicial Liens are Dischargeable in Chapter 7
By Fox Rothschild LLP on
Posted in Opinions
Summary
In an opinion issued March 16, 2012, Judge Sontchi of the Delaware Bankruptcy Court ruled that unpaid debts subject to a judicial lien are dischargeable in bankruptcy. Judge Sontchi’s opinion is available here (the “Opinion”). The Opinion, like all those published by Judge Sontchi, walks readers through the relevant law in making its…
Opinion Issued in Carolina Fluid Handling
By Fox Rothschild LLP on
Posted in Opinions
On March 14, 2012, Judge Sontchi of the Delaware Bankruptcy Court issued an opinion in the Carolina Fluid Handling Intermediate Holding Corp. bankruptcy case. When a Fox Rothschild client is (or could be) affected by a ruling, rather than summarize the opinion, I will be providing a link to the opinion. The opinion is available…
Decision in Sierra Concrete Design, Inc. Provides a Thorough Explanation of the Principles Behind Bankruptcy’s Preference Laws
By Fox Rothschild LLP on
Posted in Opinions
Summary
In an opinion issued January 4, 2012, Judge Sontchi of the Delaware Bankruptcy Court provided an easy to follow primer in preference law in the course of granting in part and denying in part a preference defendant’s motion for summary judgment. Judge Sontchi’s opinion is available here (the “Opinion”). The Opinion provides an…