The Honorable Kevin J. Carey

Introduction

On February 1, 2011, AES Thames, LLC (“AES” or “Debtor”) filed petitions for bankruptcy in the United States Bankruptcy Court for the District of Delaware.  According to the Declaration of AES’s President in Support of First Day Motions (the “Declaration”), AES owns and operates a coal-fired power plant in Montville, Connecticut.  This post…

Introduction

On September 6, 2010, Schutt Sports (“Schutt” or the “Debtor”) filed petitions for bankruptcy in the United States Bankruptcy Court for the District of Delaware.  This post will look briefly at the nature of Schutt’s business, why it filed for bankruptcy and what it hopes to achieve while in bankruptcy.  As is often…

Recently, the Chapter 7 Trustee (the “Trustee”) in the HRP Myrtle Beach Holdings bankruptcy, filed several avoidance actions pursuant to sections 547, 548, and 549 of the Bankruptcy Code.  The avoidance actions, filed in the United States Bankruptcy Court for the District of Delaware, are before the Honorable Kevin J. Carey, Chief Judge of…

In late August, the Official Committee of Unsecured Creditors (the “Committee”) in the Pacific Energy Resources bankruptcy, began filing adversary actions against various creditors.  The complaints filed by the Committee allege the defendants received preferential transfers and/or fraudulent transfers from the Debtor.  Prior to filing the adversary actions,  the Committee filed a motion with the…

Introduction

Recently, the LandSource Creditor Litigation Liquidating Trust (the “Litigation Trust”), commenced various avoidance actions in the United States Bankruptcy Court for the District of Delaware.  This post will look briefly at the events leading to the commencement of this bankruptcy proceeding. Further, the post will look at some of the issues that confronted…

Introduction

Earlier this week I wrote about the Specialty Products Holding Corp. (“SPHC” or the “Debtor”) bankruptcy.  My prior post looked at the SPHC’s business, the events leading to company’s bankruptcy and what SPHC sought to achieve by filing for bankruptcy.  Simply stated, SPHC filed for bankruptcy in order control its costs arising from asbestos…

Introduction

On May 31, 2010, Specialty Products Holding Corp (“SPHC” or the “Debtor”), filed for bankruptcy in the United States Bankruptcy Court for the District of Delaware.  This post is one of two posts regarding the SPHC bankruptcy.  The first post will look at the Debtor’s businesses and events leading up to the bankruptcy…

Introduction

Judge Kevin J. Carey, Chief Judge of the United States Bankruptcy Court for the District of Delaware, recently issued a decision in the Pillowtex bankruptcy addressing the ordinary course of business (“OCB”) defense.  Given the large number of preference actions that are filed it Delaware every year, there is a fair amount of…