Case law

In Re Peregrine Systems, Inc.

314 B.R. 31 · United States Bankruptcy Court, D. Delaware · Sep 8, 2004

AA WPG engaged in the business of public accounting, qualified to audit public companies in Germany. See note 4, infra. 3 . … These press releases began four months prior to Peregrine's petition date and the filing of the California action, and clearly establish that Arthur Anderson was aware of the issue pre-petition.

Kravitz v. Samson Energy Company, LLC

United States Bankruptcy Court, D. Delaware · Aug 4, 2022

The Plan established the Samson Settlement Trust. … Ga. 2007) (“[Morgan Stanley DW Inc.] clearly had at least two ‘customers’ at the time of the subject transfers . . . .

Samson Resources Corporation

United States Bankruptcy Court, D. Delaware · Aug 4, 2022

The Plan established the Samson Settlement Trust. … Ga. 2007) (“[Morgan Stanley DW Inc.] clearly had at least two ‘customers’ at the time of the subject transfers . . . .

Corporate Claims Mgmt., Inc. v. Shaiper (In re Patriot Nat'l Inc.)

592 B.R. 560 · United States Bankruptcy Court, D. Delaware · Aug 8, 2018

But CCMI clearly states in the Complaint that Defendants have stolen fifteen customers with an aggregate annual revenue of nearly $3.4 million. … The Non-Customer List Materials For the Non-Customer List Materials, 11 CCMI similarly alleges that these categories of information qualify as trade secrets, which Defendants misappropriated upon Shaiper's arrival at Brentwood

SS Body Armor I, Inc

United States Bankruptcy Court, D. Delaware · Jun 7, 2021

It does nothing more than provide some certainty for a particular liquidating trust that it qualifies as a grantor trust, i.e., qualifies for tax treatment advantageous to its beneficiaries. … Thus, establishing an I.R.C. § 301.7701–4(d) liquidating trust maximizes the value of distributions.

Giuliano v. Ins. Co. of Pa. (In re LTC Holdings, Inc.)

597 B.R. 565 · United States Bankruptcy Court, D. Delaware · Feb 4, 2019

It helps establish the factual background of this opinion. 1. Who owned the Tax Refund: LTC or LES? … Neither party has clearly identified the jurisdiction that governs the accrual of subrogation rights.

Khatib v. Sun-Times Media Group, Inc. (In re Chicago Newspaper Liquidation Corp.)

490 B.R. 487 · United States Bankruptcy Court, D. Delaware · Apr 3, 2013

What qualifies as proper notice, however, is dependent upon whether the creditor is known or unknown. … Not only is the Certificate for a work bearing a different name than that which is the subject of Plaintiff's complaint, the Certificate is clearly limited to those aspects of the work in which the copyright law affords protection

In re Energy Future Holdings Corp.

540 B.R. 109 · United States Bankruptcy Court, D. Delaware · Oct 30, 2015

Such treatment could not qualify for nonimpairment under § 1124(1) because the- failure to pay postpetition interest does not leave unaltered the contractual or legal rights of the claim. … spirit and principles behind the Supreme Court’s decisions. 5 It also resolves a conflict between the holdings in the PPI cases and the legislative history behind Congress’s deletion of section 1124(3) in which Congress clearly

Giuliano v. Schnabel (In re DSI Renal Holdings, LLC)

574 B.R. 446 · United States Bankruptcy Court, D. Delaware · Jul 20, 2017

Compl. ¶ 79. • An excerpt of an email sent by an officer of the NML Defendants dated July 27, 2010, within six months of the restructuring, describes an offer of $650 million for the company as “clearly too low.” … motion to dismiss all breach of fiduciary duty counts, stating: At this stage of the case, the court is reluctant to conclude that because the defendants structured the set of transactions in a certain manner, they are immune

Norm Gershman's Things to Wear, Inc. v. Peterson (In Re Peterson)

332 B.R. 678 · United States Bankruptcy Court, D. Delaware · Nov 15, 2005

A “knowing breach of contract” could also qualify. A construction so broad would be incompatible with the “well-known” guide that exceptions to discharge “should be confined to those plainly expressed.” Kawaauhau v. … Thus, not only does the Court of Common Pleas’ determination of breach of contract have no preclusive effect, but such conduct clearly does not fall within the definition of willful and malicious. Id.

In re Irish Bank Resolution Corp.

559 B.R. 627 · United States Bankruptcy Court, D. Delaware · Nov 7, 2016

Therefore, the Turnover Motion runs afoul of the SCA unless the Foreign Rep-resentatives’ demand qualifies for one of the exceptions set forth by the statute. *649 ii. … Accordingly, the California Court of Ap-peal emphasized that nothing "in the lan-guage of the [SCA] suggesting that Congress intended to grant service providers a blanket immunity from obligations imposed by dis-covery laws

Bank of America, N.A. v. Welsh (In re Welsh)

539 B.R. 713 · United States Bankruptcy Court, D. Delaware · Oct 1, 2015

The movant bears the burden of establishing the absence of a genuine dispute as *717 to a material fact. … After the movant has made the requisite showing, the burden shifts to the non-movant to establish that summary judgment is not warranted.

Maxus Energy Corporation

United States Bankruptcy Court, D. Delaware · Mar 22, 2022

Accordingly, Arcina has failed to establish that the Amended Disclosure Statement qualifies as a valid informal proof of claim. Moving on to the OCP Disclosure Affidavit. … Thus, phone calls, in-person meetings, the Greenstone Agreement, and the e-mails Arcina refers to, cannot qualify as informal proofs of claim.

Teleglobe USA, Inc. v. BCE Inc. (In Re Teleglobe Communications Corp.)

392 B.R. 561 · United States Bankruptcy Court, D. Delaware · Aug 7, 2008

The Defendants assert that this is especially true where an attorney is reviewing documents to establish their privileged nature. … Thus, they assert that the Teleglobe and BCE boards acted as the de facto board of the Debtors, thereby establishing they were a single enterprise.

AZ Automotive Corp. v. Atzen Industries, Inc. (In Re Aetna Industries, Inc.)

340 B.R. 252 · United States Bankruptcy Court, D. Delaware · Apr 12, 2006

To qualify as an Environmental Condition, however, the condition must exist at or before the June 17, 2002 closing date. (Adv. Doc. # 1, Ex. A, p. 5 and § 2.10(k)). … To the extent that the TI contract was a Key Contract, it clearly was not terminated until November 2002, well after the closing. Likewise, AZ traces the meaning of a Platform Event.

Six Flags, Inc. v. Parc Management, LLC (In Re Premier International Holdings, Inc.)

443 B.R. 320 · United States Bankruptcy Court, D. Delaware · Nov 19, 2010

liability is predicated.” 53 To survive a motion to dismiss, however, a plaintiff does not have to plead a “concrete amount of damages,” 54 but facts upon which damages caused by the defendant can be inferred. 55 The Complaint establishes … Jones Intercable, Inc., 729 F.Supp. 304, 308 (S.D.N.Y.1990) (declining to interpret a contract in a way that would reach an absurd result "clearly contrary to the plain and unambiguous language”). 66 . DBT Gmbh v. J.L.

KIRSCHNER v. J.P. Morgan Chase Bank, N.A.

United States Bankruptcy Court, D. Delaware · Jun 27, 2025

Citi, BMOC and SunTrust respond that Trustee has failed to meet his burden of establishing their lack of entitlement to the good faith defense as a matter of law because Trustee cites no authority for such a proposition … Matevich’s experience in the industry supplies her with the credentials to qualify her as an expert in the clinical laboratory industry, generally.

In Re Kemeta, LLC

470 B.R. 304 · United States Bankruptcy Court, D. Delaware · May 4, 2012

Caliber therefore argues that the Agreement was non-executory on the Petition Date on this basis, and that it does not qualify for entitlement under Section 365(n). 118. … Clearly, this cannot be the law. 130. Applying the holding in W & L Associates to the facts of this case it is clear the License Agreement is executory.

Riverside Acquisition Group LLC v. Vertis Holdings, Inc. (In re Vertis Holdings, Inc.)

536 B.R. 589 · United States Bankruptcy Court, D. Delaware · Sep 11, 2015

Thus, the Court finds the need for additional discovery establishes prejudice in this case. ll. … The hearing transcript clearly evidences that the Court did not decide “the ownership issue.”

Mallinckrodt plc

United States Bankruptcy Court, D. Delaware · May 31, 2023

The word “liabilities” is subject to multiple interpretations and, as it is used here, lacks the precision necessary to clearly convey what is preserved. … In a second sense, the term ‘liability’ is the correlative of power and the opposite of immunity.