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Decision in Washington Mutual, Inc. holds that litigation tracking warrants are equity instruments

Fox Rothschild LLP
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USA
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February 23 2012

In a 32 page decision signed January 3, 2012, Judge Walrath of the Delaware Bankruptcy Court ruled that holders of litigation tracking warrants that would be paid out in stock of the debtor were equity instruments, and would be paid out at the same priority as common equity under the bankruptcy plan

Multiple decisions in New Century TRS Holdings, Inc., hold: when you settle a claim, you get what you contract for

Fox Rothschild LLP
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USA
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May 16 2011

In two separate decisions arising from adversary proceedings in the New Century TRS Holdings, Inc., et al. (the “Debtors”) bankruptcy, signed May 10, 2011, Judge Carey of the Delaware Bankruptcy Court denied requests to stay dismissal, requiring each of the moving parties to accept the limitations of their settlement agreements

Decision in Tweeter Opco, LLC., holds non-debtor controlling company liable for debtor's violation of the WARN Act

Fox Rothschild LLP
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USA
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August 3 2011

In a 24 page decision signed July 8, 2011, Judge Walrath of the Delaware Bankruptcy Court granted a motion to for summary judgment, holding a non-debtor defendant liable with the Debtor as a single employer for alleged WARN Act violations

Minor fix to a previous opinion - NEC Holdings Corp.

Fox Rothschild LLP
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USA
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May 19 2011

Judge Walsh released an amended Opinion in the NEC Holdings Corp. case on May 18, 2011

Decision in Tweeter Opco once again reminds trustees of the specificity requirement in pleading preference actions

Fox Rothschild LLP
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USA
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June 30 2011

In an 11-page opinion published June 14, 2011, Judge Walrath ruled that a Chapter 7 Trustee’s lack of specificity in pleading a preference action was grounds for dismissal under FRCP 12(b)(6

Decision in in re: Donna K. Brady holds: officers aren't contractors

Fox Rothschild LLP
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USA
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May 25 2011

In an 11 page opinion published May 18, 2011, Judge Shannon ruled that, in the context of a motion to dismiss, the officer of a corporation, which is itself a contractor, is not also a contractor by virtue of her position within the corporation

Decision in NWL Holdings, Inc., limits the ability of defendants to transfer preference actions

Fox Rothschild LLP
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USA
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March 29 2011

In a 17 page decision signed on February 24, 2011, Judge Walrath of the Delaware Bankruptcy Court applied a twelve factor test in determining if a preference action against an out-of-state defendant could be transferred by that defendant to another jurisdiction more convenient to it

Decision in point blank solutions helps define "Core" and "Non-core"

Fox Rothschild LLP
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USA
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May 24 2011

In an opinion published May 20, 2011, Judge Walsh held that a settlement agreement which is rejected in a bankruptcy proceeding is "Core" and will be decided by the Bankruptcy Court, even when it contains a jurisdictional clause that requires the agreement to be interpreted according to the laws of New York

Decision in Advanced Marketing Services, Inc, reminds us - there is no "junk-mail defense"

Fox Rothschild LLP
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USA
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April 6 2011

In a 15-page decision signed yesterday, April 5, 2011, Judge Sontchi of the Delaware Bankruptcy Court determined that when a company receives pleadings in a bankruptcy case, even if served on its "doing business as" name, it has received proper service

Decision in DBSI Inc., reminds us that district courts have personal jurisdiction throughout the United States

Fox Rothschild LLP
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USA
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July 6 2011

In an 11 page decision signed June 22, 2011, Judge Walsh of the Delaware Bankruptcy Court denied a motion to dismiss, holding that the Bankruptcy Court of the District of Delaware has personal jurisdiction over an insider of a debtor when the debtor files for bankruptcy in the District of Delaware

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