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 and recovery of allegedly preferential and/or fraudulent transfers under Sections 547, 548, 549 and
Nine Point Energy Files for Chapter 11 Bankruptcy Protection in Delaware
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 11 protection in the United States Bankruptcy Court for the District of Delaware, on March
Champion Property Holdings Files for Bankruptcy Protection in Delaware
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
Wardman Hotel Owner, LLC Files for Bankruptcy in Delaware
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
CAA Amends Adequate Assurance Requirement for Utilities Services Under Bankruptcy Code Section 366
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
Amendments to the Bankruptcy Preference Statute in the Consolidated Appropriations Act, 2021
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
In-Shape Holdings, LLC Files for Bankruptcy Protection in Delaware
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
Preference Actions Filed in NSC Wholesale Holdings in the Delaware Bankruptcy Court
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,
Sears and Kmart Preference Actions Filed En Masse in the Southern District of New York
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,
A Primer on Defenses to Bankruptcy Preference Claims
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