In a recent opinion, the U.S. District Court for the Northern District of Texas held that an Equal Employment Opportunity Commission (“EEOC”) action brought against an employer for alleged violations of Title VII of the Civil Rights Act of
Bankruptcy Litigation Briefing
Bankruptcy Litigation Briefing, published by Fox Rothschild LLP, focuses on developments and litigation in bankruptcy and financial restructuring. The blog covers topics such as bankruptcy court rulings, creditor and debtor rights, motions for relief from automatic stay, fraudulent transfer claims, and the impact of bankruptcy on intellectual property licenses. It provides analysis of significant bankruptcy cases, strategies for business restructuring, and insights into trustee roles and creditor committees. The content addresses practical legal issues faced by creditors, debtors, and businesses navigating financial distress and bankruptcy litigation nationwide.
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“Law of the Case” Doctrine Does Not Bind Bankruptcy Court When Considering Subsequent Dispositive Motions
In a recent opinion, the Bankruptcy Court for the Eastern District of New York concluded that the “law of the case” doctrine did not bind the court to its prior ruling that a trustee had adequately alleged claims against debtors…
Beware of Broad Release Language in Confirmation Plan
In a recent an opinion, the Delaware Bankruptcy Court enforced the broad release language in a confirmation plan to release certain entities that were never intended to be released.
The debtors and the creditors’ committee engaged in hard-fought negotiations, and…
Third Circuit: Releases Contained in Confirmed Chapter 11 Plans are Res Judicata
In ruling a motion to dismiss, the Third Circuit Court of Appeals considered whether the purchaser of the Debtors’ shares post-confirmation was bound by releases contained in the plan of reorganization (the “Plan”). A copy of the opinion is available…
Comment Period for Delaware Bankruptcy Court Local Rules About to Begin
The U.S. Bankruptcy Court for the District of Delaware is about to begin its annual process to review and consider comments to its local rules.
The comment period will continue from October 1 through October 31, 2018. Here is a…
Alert: Liquidation Trustee Awarded $17 Million Against Former CEO and Others
In a suit by the trustee of the liquidation trust of Green Field Energy Services, a defunct oil services business, against the debtor’s former CEO and others, the U.S. Bankruptcy Court for the District of Delaware found that the trustee…
Trustee of Duane Martin and Tisha Martin Campbell’s Chapter 7 Case Brings Suit to Recover Property subject to Loan from Will & Jada Pinkett Smith’s Company
In entertainment and bankruptcy news, the chapter 7 trustee for the bankruptcy filed by former celebrity couple Duane Daniel Martin and Tisha Martin Campbell (the “Debtors”), brought suit against Roxe, LLC (“Roxe”) and others claiming that Roxe was formed by…
Bankruptcy Court Grants Motion To Dismiss Based Upon Affirmative Defense
Michael Temin writes:
When deciding a motion to dismiss a complaint pursuant to Federal R. Bankr. 7008, which incorporates Rule 12(b)(6), a court must accept all factual allegations in the complaint as true and construe all inferences from those allegations…
Eleventh Circuit Holds “New Value” Need Not Remain Unpaid
Michael Temin writes:
One of the commonly asserted defenses to preference avoidance actions is the “new value” defense set forth in 11 U.S.C. § 547(c)(4). One issue considered by courts is whether the “new value” must remain unpaid. In a…
9th Circuit BAP: Debtor Lacks Standing to Appeal Order Reopening Bankruptcy Case
Yesterday, the Bankruptcy Panel of the Ninth Circuit Court of Appeals issued yet another decision related to standing and rights to appeal bankruptcy court orders. In Bray v. U.S. Bank National Association, (In re Bray), the Ninth Circuit BAP…