Memorandum Order Denying Motion For Stay Pending Appeal For Lack Of Jurisdiction Related Adv. Docket No. 141 CHRISTOPHER S. SONTCHI , Chief Bankruptcy Judge . 1. On July 16, 2018, and October 16, 2018 Decade, S.A.C., LLC and its affiliated entities filed voluntary petitions with the United States Bankruptcy Court for the District of Delaware. 1 These chapter 7 cases are in progress. On January 23, 2019, the Trustee, on behalf of the Debtors, filed the Complaint for Declaratory Judgment...
MEMORANDUM OPINION JOHN T. DORSEY , Bankruptcy Judge . Plaintiff Pegasus Trucking, LLC ("Plaintiff" or "Pegasus") filed the above Adversary Proceeding to recover funds that it alleges were wrongfully withheld from it by Defendants. [Adv. D.I. 1]. Defendant George Miller (in his capacity as chapter 7 trustee for the bankruptcy estates of J & M Sales, Inc., and affiliated entities) ("Trustee" or "Debtors") filed a Motion to Dismiss Complaint [Adv. D.I. 8] to which Defendants Gordon Brothers...
Re: Docket Nos. 3796, 11792 OPINION 1 Brendan Linehan Shannon , United States Bankruptcy Judge . I. INTRODUCTION Herman Melville's Moby Dick is often held up as the greatest American novel. Grueling and esoteric, it follows a crew of sailors striking out on the seas, resisting illness and starvation to mete out a living in the dramatic backdrop of an untamed and hostile wilderness. At its center is the enigmatic Captain Ahab. Famously, Ahab leads his crew on an obsessive pursuit...
OPINION RE: D.I.'s 32, 33, 37 KEVIN GROSS * , Bankruptcy Judge . INTRODUCTION In this Opinion the Court is addressing a complex dispute over the apportionment of business interruption insurance proceeds and property damage insurance proceeds following a catastrophic explosion at an oil refinery in Philadelphia, Pennsylvania. The battle for the proceeds is between and among (1) Debtors and their lender, Cortland Capital Market Services, LLC ("Cortland" or the Term Loan Agent"), who are...
OPINION 1 Sontchi , C.J. INTRODUCTION 2 Before the Court is the Motion of Reorganized Debtors for Summary Judgment on the Claim Discharge Dispute and the Cross Motion of the Mehrabian Family Trust and CA Auto Mart Group, Inc. for Summary Judgment on the Claim Discharge Dispute. 3 By these motions, the parties seek declaratory judgment regarding the applicability of the discharge and injunction provisions of the Plan and Confirmation Order (the "Discharge Injunction") to the...
MEMORANDUM AND ORDER CLARIFYING SALE ORDER Re: Docket No. 644 LAURIE SELBER SILVERSTEIN , Bankruptcy Judge . The matter before me is the motion ("Motion for Clarification") 1 of Bank Leumi USA seeking clarification of the sale order entered in this case by which Debtors sold substantially all of their assets to OR Acquisition Co., LLC ("Purchaser"). An objection was filed by Entertainment One UK Limited ("eOneUK"), Entertainment One Benelux BV, Entertainment One Canada, Inc. and Promise...
OPINION 1 KAREN B. OWENS , Bankruptcy Judge . Before the Court is the Defendants' Motion For Partial Summary Judgment Limiting Any Recoveries To The Amount Necessary To Satisfy Allowed Creditor Claims 2 (the " Capping Motion ") filed in the above-captioned adversary proceeding commenced by plaintiff Alfred T. Giuliano (the "Trustee"), as the chapter 7 trustee for the estates of DSI Renal Holdings, LLC, DSI Hospitals, Inc., and DSI Facility Development, LLC (each a " Debtor " and...
MEMORANDUM ORDER Related Adv. Docket No.: 85 CHRISTOPHER S. SONTCHI , Chief Bankruptcy Judge . Upon consideration of Defendant, Prime NDT Services, Inc.'s Motion for Partial Summary Judgment on the Issues of Breach of Warranty and Consequential Damages, filed on January 7, 2020 (Adv. D.I. 85) (the "Motion") and the opposition thereto (Adv. D.I. 95) (the "Opposition"), 2 in which Defendant 3 seeks summary judgment on (i) the Subcontract's limitation on consequential damages and (ii)...
OPINION 1 Sontchi , CJ. INTRODUCTION 2 Before the Court is Trustee's Motion for Summary Judgment on count one of his Complaint. 3 In count one, among other things, the Trustee seeks declaratory judgment regarding the validity of the Share Purchase Agreement (the "SPA") between the Goodwins, Decade Contracts, GAME, GSM, and their associated entities. In response to the Complaint, the Goodwins asserted four counterclaims based in fraud: (i) that the SPA is a product of fraud in the...
OPINION 2 Karen B. Owens , United States Bankruptcy Judge . Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure (the " Federal Rules "), made applicable to this proceeding by Rule 7012 of the Federal Rules of Bankruptcy Procedure (the " Bankruptcy Rules "), the Defendants 3 move to dismiss (" Motion to Dismiss ") 4 as untimely the complaint (the " Complaint ") 5 filed by UMB Bank, N.A., as Plan Trustee of the Limited Creditors' Liquidating Trust (the " Plaintiff "),...
MEMORANDUM OPINION JOHN T. DORSEY , Bankruptcy Judge . Plaintiff and counterclaim defendant LNV Corporation ("LNV") moved to dismiss the sole counterclaim (the "Counterclaim") asserted by defendants Solus Senior High Income Fund LP, Solus Alternative Asset Management LP, and the Ad Hoc Group of Second Lien Creditors (collectively "Solus") 1 in their Answer to the First Amended Adversary Complaint and Counterclaim [Adv. D.I. 25]. The Counterclaim alleges that LNV breached the covenant of...
OPINION 1 Mary F. Walrath , United States Bankruptcy Judge . Before the Court is the motion of Exide Technologies ("Exide") to reduce the quarterly fees owed by Exide to the United States Trustee ("UST") to the fees applicable at the time its Plan was confirmed. The UST opposes the motion procedurally, asserting that Exide's motion seeks declaratory relief that is only available in an adversary proceeding, and substantively, contending that the increased fees charged after 2017 are...
