In re Exide Techs., No. 07-2230, __ F.3d __ (3d Cir. Sept. 19, 2008)
The persistent question of when a bankruptcy court can exercise “core” jurisdiction over nondebtor vs. nondebtor disputes received close examination in a precedential opinion issued by the Third Circuit Court of Appeals on September 19, 2008.
Continue Reading...In a decision issued on September 16, 2008, the Honorable Phillip J. Shefferly, a Bankruptcy Judge for the United States Bankruptcy Court for the Eastern District of Michigan, Southern Division, issued an opinion in the Plastech Engineered Products, Inc. et al., bankruptcy cases holding that 502(d) of the Bankruptcy Code was not an impediment to the payment of administrative claims under 503(b)(9).
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On September 24, 2008, HRP Myrtle Beach Holdings, LLC, HRP Myrtle Beach Operations, LLC, HRP Myrtle Beach Holdings Capital Corp., HRP Myrtle Beach Capital Corp. and We Got Your Back Security Co., LLC, HRP Myrtle Beach Management, LLC, and HRP Global Management, LLC filed for Chapter 11 protection in the United States Bankruptcy Court for the District of Delaware. Chief Judge Kevin J. Carey has been assigned to these cases. A copy of the petition filed by HRP Myrtle Beach Holdings, LLC is here.
Continue Reading...The September 2008 edition of the American Bankruptcy Institute Young & New Members Committee has been published. Tom Horan, an attorney in Morris James LLP's Bankruptcy and Creditors Rights practice, is the editor of the newsletter.
The September 2008 newsletter features interviews with Professor Stephen J. Lubben of the Seton Hall Univeristy School of Law and author of the ABI's recent Chapter 11 Professionals Fee Study, and with and David D. Bird, Clerk of Court, U.S. Bankruptcy Court for the District of Delaware, and co-chair of the Court Administration Committee. Another highlight is an article on "The Forgotten Defenses of Setoff & Recoupment" by Philip J. Landau.
The Young & New Members Committee Newsletter is published quarterly.
This morning, the United States Bankruptcy Court for the District of Delaware granted the motion of the largest creditor of the estates of CHA Hawaii, LLC and its affiliated debtors to transfer venue of the case from Delaware to the District of Hawaii. St. Francis Healthcare System of Hawaii, which is the largest secured creditor in the case, with an unpaid debt due of approximately $65,000,000, filed the motion to transfer the case.
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For more information concerning any of these cases, contact Carl N. ("Chuck") Kunz III at ckunz@morrisjames.com or 302.888.6811
