MEMORANDUM OPINION KEVIN GROSS , U.S.B.J. MILK072011 ("MILK") and Andrew Nikou ("Nikou") have moved to dismiss a portion of the Complaint which Charles A. Stanziale, Jr. (the "Trustee") filed on behalf of the debtor, Golden Guernsey Dairy, LLC ("Debtor"). In a separate joinder, Brad Parks has also moved to dismiss the Complaint, in part. 1 FACTS Before the bankruptcy Debtor operated a dairy and milk processing facility in Wisconsin. Cplt. 6. 2 Debtor was wholly owned by MILK,...
OPINION 1 Sontchi , District Judge . INTRODUCTION Before the Court is Jeffrey R. Brooks' (hereinafter "Jeffrey Brooks") Motion for Relief from the Automatic Stay as Necessary to Enforce Delaware State Law Rights to Compel an Annual Meeting (D.I. 2851) (the "Motion"). 2 Jeffrey Brooks seeks to file an action in the Delaware Court of Chancery to compel SS Body Armor I, Inc. to hold an annual shareholder meeting. As set forth in detail below, the Court finds that such action to...
OPINION 1 Mary F. Walrath , United States Bankruptcy Judge . I. PROCEDURAL BACKGROUND ...48 II. JURISDICTION ...48 III. FACTUAL BACKGROUND ...48 IV. DISCUSSION ...50 A. Insolvency ...50 1. Balance Sheet Test ...51 2. Inadequate Capital and Cash Flow Tests ...53 B. Piercing the Corporate Veil ...57 1. Undercapitalization and Insolvency ... 59 2. Facade for Shareholder ...60 3. Observance of Corporate Formalities ... 62 4. Siphoning of Funds by Shareholder ... 63 5....
MEMORANDUM ORDER Re: Docket No.: 617 CHRISTOPHER S. SONTCHI , Bankruptcy Judge . Upon consideration of the First Interim Application of Akin Gump Strauss Hauer & Feld LLP as Co-Counsel to the Official Committee of Unsecured Creditors for Allowance of Compensation and Reimbursement of Expenses Incurred for the Period from March 17, 2015 Through and Including May 31, 2015 (D.I. 617) (the "Akin Gump First Interim Fee Application" filed by "Akin Gump") and the objection filed thereto by...
MEMORANDUM OPINION KEVIN GROSS , U.S.B.J. The Court is tasked with opining on foreign law, the Partnership Act, 1996, (the "Partnership Act") of the British Virgin Islands ("BVI"), and specifically the BVI law on limited partnerships 1 . The Court's decision will have important consequences for the present bankruptcy case. Fed. R. Civ. P. 44.1 provides, in part, that: In determining foreign law, the court may consider any relevant material or source, including testimony, whether or not...
OPINION BRENDAN LINEHAN SHANNON , Bankruptcy Judge . Before the Court is Defendant Hormel Foods Corporation's ("Hormel") Motion to Dismiss the Amended Complaint (the "Motion") [Adv. Docket No. 7] filed by JLL Consultants, Inc., the Liquidating Trustee (the "Trustee"), as successor in interest to the claims of debtors AgFeed Industries, Inc. ("AFI") and AgFeed USA LLC ("AgFeed USA"). The Trustee initiated this adversary proceeding against Hormel to recover damages that resulted from alleged...
MEMORANDUM ORDER 2 Related to Adv. Docket Nos. 12, 13, 18 & 19. BRENDAN LINEHAN SHANNON , Bankruptcy Judge . Upon consideration of the Renewed Motion to Transfer Venue to the Eastern District of Kentucky ("Motion to Transfer") [Adv. Docket. No. 12] and accompanying memoranda of law [Adv. Docket No. 13] filed by defendant Fasig-Tipton Company, Inc. ("Fasig-Tipton"); the objection to the Motion to Transfer (the "Objection") [Adv. Docket No. 18] filed by plaintiff Fred C. Caruso, solely in...
MEMORANDUM OPINION 1 MARY F. WALRATH , Bankruptcy Judge . Before the Court are two motions filed by Global Kato HF, LLC ("Global Kato"): The first is a motion to dismiss, for lack of subject matter jurisdiction or for failure to state a claim, the adversary proceeding commenced by Seagate Technology (US) Holdings, Inc. ("Seagate"). The second is a motion to remand an action initiated by Global Kato against Seagate in California state court that was subsequently removed to this Court....
MEMORANDUM OPINION Re: Dkt Nos. 220, 221 and 315 KEVIN GROSS , Bankruptcy Judge . In this strongly contested adversary proceeding over copyrighted material, SuperMedia LLC ("SuperMedia") has moved to vacate the Court's December 29, 2014, post-trial Opinion and Order (D.I. 220 and 221). The Court has found in favor of Yellow Pages Photos, Inc. ("YPPI") on liability for SuperMedia's infringement. The bifurcated damages trial is scheduled for the final week of September, 2015. SuperMedia's...
MEMORANDUM OPINION 1 Related D.I. 4964 CHRISTOPHER S. SONTCHI , Bankruptcy Judge . Energy Future Intermediate Holding Company LLC ("EFIH") and EFIH Finance Inc. (together with EFIH, the "EFIH Debtors") two of the above-captioned debtors and debtors in possession (the "Debtors") have filed the EFIH Debtors' Partial Objection to Proof of Claim No. 6347 Filed by the Indenture Trustee for the EFIH Unsecured Notes (the "PIK Claim Objection"). 2 The PIK Claim Objection objects to Claim No....
MEMORANDUM SUSTAINING THE REORGANIZED DEBTORS' OBJECTION TO CLASS IF OTHER PARENT CLAIM ASSERTED BY WILMINGTON TRUST COMPANY 2 (D.I. 13338; 14028) KEVIN J. CAREY , Bankruptcy Judge . Wilmington Trust Company ("WTC") included postpetition attorney fees and costs of more than $30 million in its unsecured Class 1F Claim that will receive a partial distribution under the confirmed Plan. The Reorganized Debtors object to this portion of WTC's Class 1F Claim, arguing that a majority of courts...
MEMORANDUM OPINION 1 LAURIE SELBER SILVERSTEIN , UNITED STATES BANKRUPTCY JUDGE . Before the Court is the Emergency Motion of Petitioning Creditors for Entry of an Order Directing the Appointment of (I) an Interim Chapter 7 Trustee, or (II) Alternatively, a Chapter 11 Trustee Should the Involuntary Bankruptcy Case be Converted (the "Emergency Motion") 2 and the Answering Brief of Alleged Debtor Diamondhead Casino Corporation 3 ("Diamondhead" or the "Company") in opposition thereto....
MEMORANDUM ORDER CHRISTOPHER S. SONTCHI , Bankruptcy Judge . Upon consideration of the Motion of the Official Committee of Unsecured Creditors to Compel the Production of Documents Over the Yucaipa Defendant's Objections 1 (the "Motion") filed by the Official Committee of Unsecured Creditors (the "Committee"); the Joinder filed by the intervenors BDCM Opportunity Fund I, LP, Black Diamond CLO 2005-1 Ltd., and Spectrum Investment Partners, L.P. 2 (collectively, "BD/S"), and the...
MEMORANDUM OPINION 1 Christopher S. Sontchi , United States Bankruptcy Court. UMB Bank, N.A. ("UMB") is the Indenture Trustee for the unsecured 11.25%/12.25% Senior Toggle Notes Due 2018 (the "PIK Notes" and such holders the "PIK Noteholders"). Pursuant to an indenture dated December 5, 2012 (the "PIK Indenture"), Energy Future Intermediate Holding Company LLC and EFIH Finance Inc. (the "EFIH Debtors" and, collectively with its affiliated debtors, the "Debtors") issued approximately $1.4...
MEMORANDUM AND ORDER (D.I. 58) KEVIN J. CAREY , Bankruptcy Judge . Before the Court is the Liquidating Trustee's ("Trustee") Renewed Motion to Transfer this Matter to the United States District Court for the Eastern District of Pennsylvania (D.I. 58) (the "Motion"). In the Motion, the Trustee renews his request that I transfer this adversary proceeding to the District Court for the Eastern District of Pennsylvania — a request that I addressed and denied in 2012. Troisio v. Erickson (In...
MEMORANDUM OPINION 1 Christopher S. Sontchi , United States Bankruptcy Court Energy Future Intermediate Holding Company LLC ("EFIH") and EFIH Finance Inc. (together with EFIH, the "EFIH Debtors") two of the above-captioned debtors and debtors in possession (the "Debtors") have filed the EFIH Debtors' Partial Objection to Proof of Claim No. 6347 Filed by the Indenture Trustee for the EFIH Unsecured Notes (the "PIK Claim Objection"). 2 The PIK Claim Objection objects to Claim No. 6347 (...
MEMORANDUM OPINION 1 Christopher S. Sontchi , United States Bankruptcy Court Computershare Trust Company N.A. and Computershare Trust Company of Canada are the indenture trustee (together, the "Second Lien Trustee") for the 11% Senior Secured Second Lien Notes due 2021 and 11.75% Senior Secured Second Lien Notes due 2022. 2 Pursuant to the Indenture dated April 25, 2011 and the First Supplemental Indenture dated February 6, 2012, 3 Energy Future Intermediate Holding Company LLC and...
MEMORANDUM OPINION KEVIN GROSS , U.S.B.J. The parties in this case and adversary proceeding, SuperMedia, LLC ("SuperMedia") and Yellow Pages Photos, Inc. ("YPPI"), have cross-moved for summary judgment. For the sake of time and because the parties are familiar with the nature of these cases, the Court will not discuss the facts in detail at the outset, except to note that the Court previously issued its opinion (the "Opinion") on the liability of SuperMedia for the administrative expense...
MEMORANDUM AND ORDER REGARDING DISCOVERY DISPUTES (D.I. 112, 146, 183). KEVIN J. CAREY , Bankruptcy Judge . Currently before the Court in this adversary proceeding are several outstanding discovery disputes. 1 I held hearings and status conferences on the Discovery Disputes, made rulings on some matters and encouraged the parties to confer on remaining issues. At my request, on October 7, 2015, the parties submitted letters describing the remaining unresolved issues (D.I.s 190, 191, 192...
MEMORANDUM AND ORDER DENYING MOTION TO DISMISS 2 (D.I. 10, 27) KEVIN J. CAREY , Bankruptcy Judge . Before me is AT&T Corporation's Motion to Dismiss the Trustee's Complaint for Declaratory Relief. The Trustee filed his first Complaint on September 3, 2014. AT&T Corporation ("AT&T") filed a Motion to Dismiss the Complaint on December 5, 2014 (D.I. 10). Subsequently, the Trustee filed two amended complaints to add parties to the matter. 3 On January 30, 2015, AT&T filed a motion to...
