Statute
Bankruptcy Code
830 published works
Delaware Bankruptcy Update
Trustee in WL Homes Bankruptcy Commences Preference Actions
Introduction In January of this year, George L. Miller, the chapter 7 trustee (the "Trustee") in the WL Homes bankruptcy, began filing avoidance actions against various creditors. As alleged in…
In Solvency
Decision in Six Flags Bankruptcy Addresses Sufficiency of Pleadings Under Fed.R.Civ.P. 12(b)(6)
By Fox Rothschild LLP, Fox Rothschild LLP
Introduction Recently, the Delaware Bankruptcy Court in the Six Flags bankruptcy issued a decision addressing whether an adversary complaint alleged facts sufficient to overcome a motion to dismiss. The Court's…
Employment Law Watch
Applicant’s Prior Bankruptcy Permissible Basis for Refusal To Hire in U.S. Third Circuit
By John T. McDonald, Don A. Innamorato
The United States Bankruptcy Code prohibits an employer from taking adverse action against an existing employee because of a bankruptcy filing. In December, the United States Court of Appeals for the Third…
In The (Red)®
Blast From The Past: Website Provides Quick Access To Older Bankruptcy Code Sections
Thanks to Professor Robert Lawless of the University of Illinois College of Law, also of the Credit Slips blog, you can now save yourself from combing through dusty old books to find…
Delaware Bankruptcy Update
Bankruptcy Trustee in Eclipse Aviation Files Preference Actions
In November, Jeoffrey Burtch, the Chapter 7 Trustee in the AE Liquidation bankruptcy (formerly "Eclipse Aviation"), began filing preference actions against various creditors of Eclipse. Eclipse Aviation began as a New Mexico manufacturer of small jet aircraft. …
Delaware Bankruptcy Update
Adversary Actions Filed in MPC Bankruptcy
Introduction Recently, over 180 adversary actions were filed in the MPC Computers bankruptcy. The adversary actions fall generally in to two categories - preference actions filed by MPC's Committee of Unsecured Creditors…
In Solvency
Hines Nurseries, One of the Largest Plant Growers in the U.S., Files for Bankruptcy in Delaware
By Fox Rothschild LLP, Fox Rothschild LLP
On October 12, 2010, Consolidated Horticulture Group, LLC and Hines Nursery LLC (the "Debtors"), filed petitions for bankruptcy in the United States Bankruptcy Court for the District of Delaware. According to…
In Solvency
Chapter 7 Trustee in HRP Myrtle Beach Holdings Files Preference Actions
By Fox Rothschild LLP, Fox Rothschild LLP
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…
Delaware Bankruptcy Update
Frenville Overruled
By Fox Rothschild LLP, Fox Rothschild LLP
I am proud to introduce a contributing "blogger" to the Delaware Bankruptcy Litigation Blog. As a frequent author and speaker on corporate bankruptcy, Michael Temin needs no introduction. Michael is senior…
In Solvency
Thompson Publishing Files for Bankruptcy, Hoping to Complete a 363 Sale of Assets
By Fox Rothschild LLP, Fox Rothschild LLP
Introduction On September 21, 2010, Thompson Publishing Holding Co., Inc. ("Thompson") and various related entities, filed petitions for bankruptcy in the United States Bankruptcy for the District of Delaware. (View a…