Subscribe to our newsletter to receive more information and regular updates, click here to subscribe

Home New Opinions

New Opinions

Court Dismisses Law Firm’s “In Pari Delicto” Defense as Premature at Motion to Dismiss Stage

September 22, 2022, US Bankruptcy Court for Nevada – The Nevada Bankruptcy Court denied dismissal of the bankruptcy Trustee’s suit against a law firm under Federal Rule of Civil Procedure 12(b)(6). The Trustee’s complaint alleged “professional malpractice”, “breach of fiduciary duty”, and other claims against the law firm and the Court denied the use of […]

Court Dismisses Use of “Business Judgment Rule” to Give Some Space to “Breach of Fiduciary Duty” Claim

September 19, 2022, US Bankruptcy Court for Western Pennsylvania – The Court denies in part and grants in part the motion filed by Peter Tsudis (the “Defendant”) to dismiss the complaint brought by KIND Operations, Inc. (the “KIND”), as assignee of the bankruptcy estate of PA Co-Man, Inc. (the “Debtor”). KIND alleges “breach of fiduciary duty”, […]

Delaware Judge Rejects D&O’s MTD

Download the full pdf of the opinion by clicking: here July 27, 2022, US Bankruptcy Court for the District of Delaware – The US Bankruptcy Court for Delaware denied Defendants’ motion to dismiss the claim for breach of fiduciary duty alleged by Alfred T. Giuliano, the Chapter 7 trustee (“Trustee”) for bankruptcy estates of Nobilis […]

Texas Judge Denies “Ponzi Presumption” for “Ponzi-Like” Scheme; AM Radio Station Dodges Fraudulent Conveyance Bullet

Download the full pdf of the opinion by clicking: here July 13, 2022, US Bankruptcy Court for Northern Texas – The Northern Texas Bankruptcy Court granted a motion for judgment on partial findings filed by CBS Radio, Inc. et al. (“Defendants”) determining that Robert Yaquinto, Jr., the Chapter 7 trustee (“Trustee”) for Texas E&P Operating, […]

Cerberus Dealt Loss in Lien Subordination Fight

Download the full pdf of the opinion by clicking: here July 06, 2022, US Bankruptcy Court for Delaware – The Delaware Bankruptcy Court holds the subordination of lien of minority note holders fair and reasonable in the bankruptcy case of TPC Group, Inc (“Debtor”). The adversary proceeding was filed by two minority note holders Bayside […]

Jones & Associates

Course Registration Form

Enter your email and press subscribe

Enter your email and press subscribe