Delaware Business Bankruptcy Report : Delaware Business Bankruptcy Report : Morris James LLP Lawyers & Attorneys

Hayes Lemmerz International v. Emmons (In re Hayes Lemmerz International, Inc.), Case No. 09-11655 (MFW), Civ. No. 11-143-SLR (April 9, 2012) (J. Robinson)

On May 11, 2009, Hayes Lemmerz International, Inc. (“Hayes”) and certain subsidiaries (collectively, the “Debtors”) filed voluntary petitions under chapter 11 of the Bankruptcy Code.  Notice of the proposed plan of reorganization and the confirmation hearing was published on September 10, 2009 in national and regional newspapers, including in Missouri where one of the Debtors’ manufacturing facilities was located and where future plaintiffs Gary Emmons and Deborah Emmons (collectively, “Appellees”) were located. 

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On May 1, 2012, Prince Sports, Inc. (“Prince”) and three affiliates (collectively, the “Debtors”) filed for Chapter 11 protection in the U.S. Bankruptcy Court for the District of Delaware.  The petition lists both assets and liabilities between $50 and $100 million.  The case has been assigned to Judge Kevin J. Carey and is being administered under case number 12-11439 (KJC).

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On April 27, 2012, Capitol Infrastructure, LLC (“Capitol”) and several affiliates (collectively, the “Debtors”) filed for Chapter 11 protection in the U.S. Bankruptcy Court for the District of Delaware.  The petition lists assets between $100,000 to $500,000 and liabilities between $100 to $500 million.  The case has been assigned to Chief Judge Kevin Gross and is being administered under case number 12-11362 (KG).

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On April 23, 2012, Bicent Holdings LLC and 12 affiliated debtors (collectively, the "Debtors") filed for Chapter 11 bankruptcy protection.  According to the declaration of Bicent Holdings LLC's Chief Financial Officer Christopher L. Ryan offered in support of the Chapter 11 Petitions and First Day Pleadings, Debtors filed their Chapter 11 cases to reorganize their financial affairs, restructure their debt and de-leverage their balance sheets.  Debtors own and operate two electric power generating facilities located in California and Montana. The Debtors assert that they have the support of certain first and second lien lenders for a pre-arranged plan of reorganization.  Debtors have approximately $383.7 million of outstanding principal indebtedness under its prepetition credit agreements. 

The Debtors have filed a Motion for Joint Administration Pursuant to Bankruptcy Rule 1015 and Local Rule 1015-1.  The cases have been assigned to Chief Bankruptcy Judge Kevin Gross under case Number 12-11304-KG.

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On April 20, 2012, Traffic Control and Safety Corporation ("TCSC") and six affiliated debtors (collectively, the "Debtors") filed for Chapter 11 protection in the U.S. Bankruptcy Court for the District of Delaware.  The Debtors offered the affidavit (the "Affidavit") of Greg Grosch, TCSC's Chief Executive Officer, in support of its first day motions.  As set forth in the Affidavit, the Debtors are the largest independent provider of traffic control and safety services and products in California and Hawaii.  The Affidavit provides various reasons for the bankruptcy filing including reductions in state and local government spending and declines in residential and commercial construction that have resulted in weaker demands for traffic control products and services.  The Debtors seek to sell substantially all of their assets to a stalking horse bidder as outlined its Sale Motion.  

The bankruptcy cases have been assigned to Bankruptcy Judge Kevin J. Carey.  Debtors have filed a Motion for Joint Administration of the Chapter 11 Cases as part of their first day motions under In re Traffic Control and Safety Corporation, Case No. 12-11287 (KJC).

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On April 2, 2012, Solar Trust of America, LLC ("STA") and it affiliated debtors (collectively, the "Debtors") filed for Chapter 11 protection in the United States Bankruptcy Court for the District of Delaware.  The Debtors filed the declaration of STA's President and Chief Operating Officer, Edward Kleinschmidt, in support of the chapter 11 petitions and first day motions (the "Declaration").  According to the Declaration, the Debtors have the rights to develop one of the world's largest permitted solar power plant facilities, which is to be located near Blythe, California (the "Blythe Project") that is expected to have generating capacity of up to 1,000 MW.  As set forth in the Declaration, the Debtors consider the Blythe Project as their most substantial asset.  The Debtors cite their lack of short-term liquidity and significant amount of liabilities as events leading to the Debtors' bankruptcy filing.  According to the bankruptcy petition of STA, assets were listed between $1 million and $10 million and liabilities were listed between $50 million and $100 million.

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On April 2, 2012, AFA Investment Inc., parent company of AFA Foods, Inc. and seven other affiliates (collectively, the "Debtors") filed for Chapter 11 protection in the U.S. Bankruptcy Court for the District of Delaware.  The declaration of Ron Allen, Interim Chief Executive Officer, was offered in support of the Debtors' first-day pleadings (the "Declaration").  According to the Declaration, the Debtors are a consolidation of various meat processors that comprise one of the largest ground beef processing enterprises in the United States.  Headquartered in King of Prussia, Pennsylvania, Debtors process over 500 million pounds of ground beef products annually.  According to the Declaration, the bankruptcy was caused, at least in part, by the recent and unanticipated market developments involving public outcry over the use of boneless lean beef trimmings.  According to the Declaration, the Debtors' primary objective in commencing the bankruptcy proceedings was to pursue a prompt sale of their assets.  As of February 26, 2012, on a consolidated basis, the Debtors' books and records reflected approximately $219.6 million in assets and $197.3 million in liabilities.

The cases have been assigned to Bankruptcy Judge Mary F. Walrath and a motion for joint administration was filed to administer the cases under In re AFA Investment Inc., Case No. 12-11127 (MFW).

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On March 26, 2012, Contract Research Solutions, Inc. (“CRS”) and several affiliates (collectively, the “Debtors”), including its Canadian subsidiaries, filed for Chapter 11 protection in the U.S. Bankruptcy Court for the District of Delaware.  The petition lists assets between $1 million and $10 million, lists liabilities between $100 million and $500 million, and estimates the number of creditors in the range of 5,001 to 10,000.

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On March 21, 2012, Blue Springs Ford Sales, Inc. (the “Debtor”) filed for Chapter 11 protection in the U.S. Bankruptcy Court for the District of Delaware.  The petition lists both assets and liabilities between $10 million to $50 million, with the number of creditors estimated to fall between 200 and 999.

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