In a positive decision for trade vendors and non-debtor suppliers, the Eleventh Circuit, in Auriga Polymers Inc. v. PMCM2, LLC, held that a Section 503(b)(9) post-petition priority payment received by a creditor for goods received during the 20 day
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Chapter 13 – Analysis of the Debt Limit under Section 109(e) of the Bankruptcy Code
By Carl D. Neff
In a Chapter 13 bankruptcy, also known as a wage earner’s plan, individual debtors may be permitted to retain their property, and develop a plan to repay a portion or all of their debts. A debtor will propose a repayment…
Preferred Communication Systems, Inc. Files for Bankruptcy
By Carl D. Neff
Preferred Communication Systems, Inc. (“PCSI” or “Debtor”) filed for chapter 7 bankruptcy before the United States Bankruptcy Court for the District of Delaware on July 28, 2021.
This bankruptcy proceeding constitutes a rare example of a debtor listing more assets…
Pipeline Foods, LLC Files for Chapter 11 Bankruptcy Protection in Delaware
By Carl D. Neff
Earlier this month, on July 8, 2021, Pipeline Foods, LLC and its affiliated debtors (“Pipeline”) filed for Chapter 11 protection in the United States Bankruptcy Court for the District of Delaware. The debtors’ bankruptcy cases are jointly administered before the Honorable…
Face Mask Requirement Modified in Delaware District Court and Bankruptcy Court
By Carl D. Neff
Recently, on July 13, 2021, the Chief Judge of the United States District Court for the District of Delaware issued a Revised Standing Order lifting the requirement that face masks be worn in public areas of the courthouse by those…
New Judge Appointed to the Delaware Bankruptcy Court
By Carl D. Neff
On April 6, 2021, J. Kate Stickles was sworn in as the newest judge of the United States Bankruptcy Court for the District of Delaware. Judge Stickles becomes the latest judge to join the Delaware Bankruptcy Court since Judges John…
Insys Liquidation Trust Asserts Preference Claims in the Delaware Bankruptcy Court
By Carl D. Neff
Starting on February 18, 2021, Insys Liquidation Trust (“Insys Trust”), the liquidation trust appointed by the United States Bankruptcy Court for the District of Delaware to prosecute claims on behalf of Insys Therapeutics, Inc., filed approximately 53 complaints seeking the avoidance…
Nine Point Energy Files for Chapter 11 Bankruptcy Protection in Delaware
By Carl D. Neff
Another energy company has succumbed to bankruptcy in the wake of the Covid-19 pandemic.
Nine Point Energy Holdings, Inc., a private exploration & production company focused on the Williston Basin, and its affiliates, including Foxtrot Resources LLC, filed for chapter…
Champion Property Holdings Files for Bankruptcy Protection in Delaware
By Carl D. Neff
Champion Property Holdings, LLC and Anglin Cultured Stone Products LLC (“Debtors”) each filed for Chapter 11 bankruptcy protection with the Delaware Bankruptcy Court on February 10, 2021.
According to Debtors’ Petitions, their assets total between $100k – $500k, and their…
Wardman Hotel Owner, LLC Files for Bankruptcy in Delaware
By Carl D. Neff
Wardman Hotel Owner LLC (“Wardman” or “Debtor”) filed for Chapter 11 bankruptcy on January 11, 2021, ending its management contract with Marriott International. The Chapter 11 petition was filed in the U.S. Bankruptcy Court for the District of Delaware.
The…