The United States District Court for the Northern District of Texas recently considered the question of which statute applies when a district court seeks to transfer a case related to a bankruptcy proceeding: 28 U.S.C. § 1404 or 28 U.S.C. § 1412? The answer to this venue question has split district courts across the country.
Warning: Third-Party Services and Access to Documents in CM/ECF
Federal courts across the country have issued a warning regarding the use of third-party services. This warning is applicable to all CM/ECF filers:
CM/ECF filers should be aware of the potential to inadvertently share restricted documents when using third-party services or software. Sharing CM/ECF filing credentials and PACER account credentials with a third-party service provider
When Bankruptcy Is Used to Halt State Court Litigation
This week, a electricity supplier, Starion Energy, filed for chapter 11 bankruptcy in the U.S. Bankruptcy Court for the District of Delaware and the case is pending before the Honorable Mary F. Walrath.
The Debtor claims that it needs bankruptcy protection because of pending litigation that was brought by the
Cert Granted in TM Bankruptcy Case
As I previously blogged about, there is a circuit split as to whether, when a trademark owner/licensor files for bankruptcy, the licensee of the trademark can legally continue use of the mark or whether the trademark owner/licensor can reject its obligations under the licensing agreement and effectively prohibit the licensee’s continued use of the mark.
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 the committee supported confirmation of the plan in large part because the settlement trust, to
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 here.
The Plan included “broad releases of liability,” that protected the Debtor and its
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 link to the instructions from the Court on how to provide comments, should you have
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 can recover almost $17 million. See Halperin v. Moreno, et al. (In re Green Field
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 Martin and his brother (also a defendant to this suit) to conceal Martin’s ownership of
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 considered a chapter 7 individual debtor’s appeal from an order reopening his involuntary chapter 7