Information on Corporate Bankruptcy Proceedings in Delaware and Throughout the United States
Summary
In a 13 page decision released September 3, 2015, Judge Gross of the Delaware Bankruptcy Court examined the results of Yellow Pages Photos, Inc. (“YPPI”) failing to disclose agreements that directly affected its claim against the Debtors. Judge Gross’ opinion is available here (the “Opinion”).
The Court had entered an order which held that…
In a 23 page opinion released July 21, 2015 in the Trump Entertainment Resorts case (Bank. D. Del. 14-12103), Judge Kevin Gross of the Delaware Bankruptcy Court opined upon the interaction of the Bankruptcy Code’s automatic stay and the Norris-LaGuardia Act (“NLA”). Judge Gross’ opinion is available here (the “Opinion”).
We have previously posted…
Summary
In a 12 page decision released June 2, 2015, Judge Gross of the Delaware Bankruptcy Court gives us our first Delaware specific insight into how the U.S. Supreme Court’s Wellness opinion will be interpreted. Judge Gross’ opinion is available here (the “Opinion”). The Opinion was issued in the adversary proceeding SNMP Research Int’l. v.…
In an 11 page opinion (the “Opinion”) released March 9, 2015, in the Trump Entertainment Resorts, Inc. bankruptcy (Case No. 14-12103), Judge Gross interpreted Bankruptcy Code 503(b)(1)(A) in approving the reclassification of a claim from a priority claim to a general unsecured claim. The Opinion is available here. Administrative claims are an integral part of…
In a 21 page opinion (the “Opinion”) released February 20, 2015, in the Trump Entertainment Resorts, Inc bankruptcy (Case No. 14-12103), Judge Gross, granted the motion of Trump AC Casino Marks, LLC (“Trump AC”) to modify the automatic stay to allow litigation to proceed, which could result in termination of their license with the Debtors. …
Introduction
On January 6, 2015, Charles A. Stanziale, Jr., the Chapter 7 Trustee (the “Trustee”) for the bankruptcy estate of Golden Guernsey Dairy, LLC (the “Debtor”), began filing complaints to recover what he contends are avoidable preferences. The Trustee filed the preference actions in the Delaware Bankruptcy Court and argued that the transfers, or payments,…
In a 9-page opinion released December 30, 2014 in the Xchange Technology Group bankruptcy (Bank. D. Del. 13-12809), Judge Gross provides a reminder that capital leases are not treated the same as a true lease (or operating lease). Judge Gross’ opinion is available here (the “Opinion”). The Opinion decided the motion (“Motion”) of Winthrop Resources…
DEB Stores Holding LLC and certain of its affiliated companies (“DEB” or the “Debtors”) filed for bankruptcy under Chapter 11 of the Bankruptcy Code on December 4, 2014 in the United States District Court for the District of Delaware.
According to the Declaration of Dawn Robertson, Chief Executive Officer of the Debtors, in Support of…
In a 28 page opinion released October 20, 2014 in the Trump Entertainment Resorts case (Bank. D. Del. 14-12103), Judge Kevin Gross of the Delaware Bankruptcy Court provided a thorough analysis of the ability of a debtor to reject a collective bargaining agreement pursuant to 11 U.S.C § 1113. Judge Gross’s opinion is available here…
On October 16, 2013, North Texas Bancshares of Delaware, Inc. and North Texas Bancshares, Inc. (collectively, the “Debtors”) filed chapter 11 petitions for bankruptcy in the United States Bankruptcy Court for the District of Delaware. Debtors are bank holding companies based in Dallas, Texas. See Declaration in Support of Chapter 11 Petitions and First Day…
