Delaware Bankruptcy Blog

Review of Bankruptcy Proceedings and Legal Developments in Delaware and Throughout the Country

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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 liabilities total between $1 million and $10 million. A Subchapter V Trustee was appointed to the action.  A Subchapter V Trustee is generally responsible for facilitating a repayment plan and reaching a resolution with creditors.…
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 Wardman Park, one of the largest hotels in Washington, D.C. with 1,152 rooms, opened in 1918, during the Spanish Flu pandemic. According to the Debtor’s chapter 11 petition, Wardman reports $100 to $500 million in…
The Consolidated Appropriations Act, 2021 (“CAA”) was signed into law on December 27, 2020.  As mentioned in this prior post, the CAA contains many amendments to the Bankruptcy Code which impacts creditors and other interested parties to a bankruptcy proceeding. One such amendment impacts section 366 of the Bankruptcy Code.  Under Section 366 of the Bankruptcy Code, a debtor must provide adequate assurance of performance to the utilities provider in order to continue receiving…
On December 27, 2020, the much-anticipated Consolidated Appropriations Act, 2021 (“CAA”) was signed into law.  The CAA contains several COVID-19-related amendments to the United States Bankruptcy Code, 11 U.S.C. §§ 101, et seq. (“Bankruptcy Code”), which may impact many types of creditors. The “Bankruptcy Relief” amendments are set forth in Title X of the CAA. The CAA contains several amendments of significance to creditors, which will be discussed in subsequent posts. This post will focus…
On December 16, 2020, In-Shape Holdings, LLC and two affiliated debtors (together, the “Debtors” or “In-Shape”) filed voluntary petitions for relief under Chapter 11 of the United States Bankruptcy Code.  In-Shape Holdings, LLC is a health club operator in Stockton, CA. The company reports $50 to $100 million in assets and more than $100 million in liabilities, including a first-lien revolving credit agreement of up to $17 million and $53 million in term loans. In-Shape…
Starting on October 14, 2020, NSC Wholesale Liquidating Trust (“NSC Trust”), the liquidation trust appointed by the by the United States Bankruptcy Court for the District of Delaware to prosecute claims on behalf of the NSC estate, filed approximately 62 complaints seeking the avoidance and recovery of allegedly preferential and/or fraudulent transfers under Sections 547, 548 and and 550 of the Bankruptcy Code. By way of background, on October 24, 2018, NSC Wholesale Holdings, LLC…
Starting on October 8, 2020, Kmart Holding Corporation, Sears, Roebuck & Co. and other affiliated debtors of Sears Holdings Corporation (“Debtors“) collectively filed over 400 complaints in the United States Bankruptcy Court for the Southern District of New York, seeking the avoidance and recovery of allegedly preferential and/or fraudulent transfers under Sections 547, 548 and 550 of the Bankruptcy Code. By way of background, on October 15, 2018 (the “Petition Date”), Sears Holdings Corporation and…
Your business provided goods or services to another company.  Shortly thereafter, that company then files for bankruptcy, and owes your business substantial sums of money.  After the filing of the bankruptcy action, you then receive a letter from counsel demanding that your business return all of the money the debtor paid to you in the 90 days before it filed for bankruptcy. Can this really be true? Unfortunately, it happens frequently.  Under Section 547(b) of
The Delaware Bankruptcy Court issued a notice stating that the comment period for its Local Rules is currently open.  Per the notice, the comment period is open from October 1 through October 30, 2020. A current version of the Local Rules of the Delaware Bankruptcy Court, effective February 1, 2020, can be found here. Carl D. Neff is a bankruptcy partner with the law firm of FisherBroyles, LLP, and practices in Delaware. You can reach…
There has been no shortage of significant bankruptcy filings in 2020 as a result of the ongoing pandemic.  Large companies such as J.C. Penney, Brooks Brothers, Lucky Brand, GNC, subsidiaries of Regus, and others, have all filed for bankruptcy protection, citing the coronavirus for sharply reduced sales at their brick and mortar stores. These filings and others have had strong implications for commercial landlords across the country.  Accordingly, this article provides a much needed “Top…