On September 3, 2014, Brent Williams, the Plan Trustee (“Trustee”) for Touch America Holdings, Inc., filed a complaint initiating an adversary proceeding against, among others, AT&T Corp. (AT&T”). In a 36 page decision dated April 25, 2017, Judge Carey of the Delaware Bankruptcy Court granted AT&T’s motion for summary judgment, bringing the litigation to an
The Honorable Kevin J. Carey
Abeinsa Holding Opinion – Motion for Relief from Stay Granted
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Summary
In a 9 page decision dated October 6, 2016, Judge Carey of the Delaware Bankruptcy Court granted the motion of Portland General Electric (“PGE”) for relief from the automatic stay of the Bankruptcy Code. Judge Carey’s opinion is available here (the “Opinion”). PGE moved that the stay be lifted so that it could …
Court Strikes Unapproved Filing
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On August 9, 2016, Judge Kevin Carey of the Delaware Bankruptcy Court issued an Order both dismissing a complaint and striking a defendant’s Notice of Supplemental Authority. The decision was issued in the Quantum Foods bankruptcy, in the adversary proceeding No. 16-50045. A copy of the Opinion is available here.
On February 18, 2016, the…
Quantum Foods: The Intersection of Preference Litigation and Administrative Claims
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Posted in Opinions
On July 25, 2016, Judge Kevin Carey of the Delaware Bankruptcy Court issued a thorough decision pursuant to a motion for judgment on the pleadings analyzing the intersection of a preference defendant’s post-petition administrative claim and their preference exposure. A copy of the Opinion is available here.
In the Opinion, Judge Carey cites the Third…
Qui Tam Motions and Settlements
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John O’Toole writes:
On July 13, 2016, Judge Kevin J. Carey denied a former shareholder’s (the “Movant”) Motion to Proceed Qui Tam (the “Motion”) against the chapter 11 debtors (the “Debtors”) in In re Syntax-Brillian Corporation, Case No. 08-11407 (KJC) (Bankr. D. Del. Jul. 13, 2016). A copy of the opinion is available here.…
Even a Golden Share Can’t Stop Bankruptcy
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Posted in Opinions
Summary
In a 10-page decision dated June 6, 2016, Judge Carey of the Delaware Bankruptcy Court denied a motion to dismiss filed by a holder of a “Golden Share” of Intervention Energy Holdings, LLC (the “Debtor”). Judge Carey’s opinion is available here (the “Opinion”). A “Golden Share” is “A type of share that gives its…
Opinion in AES Thames – A Pro-Defendant Interpretation of the Ordinary Course of Business Defense
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In a 9 page decision signed March 3, 2016 in the AES Thames bankruptcy, Judge Carey of the Delaware Bankruptcy Court held that the recipient of allegedly preferential transfers had received the transfers from the Debtor in the ordinary course of business. He thus concluded that the Trustee could not avoid and recover the transfers…
Professional Fee Issues in Tropicana Entertainment
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Posted in Opinions
In a 10 page opinion released January 5, 2016 in the Tropicana Entertainment bankruptcy (Bank. D. Del. 08-10856), Judge Carey of the Delaware Bankruptcy Court provided a critical opinion concerning the handling of a dispute arising from two debtors’ division of professional payments. Judge Carey’s opinion is available here (the “Opinion”).
Background
In May of…
Filene’s Basement Decision Interprets Lease Rejection Damages Statute
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Posted in Opinions
Summary
In a 22 page decision released April 20, 2015, Judge Carey of the Delaware Bankruptcy Court provided guidance as to the calculation of lease rejection damages. Judge Carey’s opinion is available here (the “Opinion”). The interpretation of 11 U.S.C. Section 502(b)(6) differs depending on the court which is addressing the issue. This is an…
You Don’t Get Three Strikes when Filing a Complaint – Lessons from Tropicana
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Posted in Opinions
In a 28 page opinion released November 25, 2014 in the Tropicana Entertainment bankruptcy (Bank. D. Del. 08-10856), Judge Carey of the Delaware Bankruptcy Court provided an opinion regarding a defendant’s motion to dismiss an amended complaint. Judge Carey granted the majority of the motion to dismiss, denying a second request for leave to amend…