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

October 4, 2022 admin

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

October 4, 2022 admin

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”, […]

District Court Reverses: BK Erred in Dismissing Malpractice Claim

August 9, 2022 admin

Download the full pdf of the opinion by clicking: here July 29, 2022, US District Court for Southern New York – The US District Court for Southern New York reversed a Bankruptcy Court decision granting summary judgment to Defendants in the Basic Foods bankruptcy case. The plaintiffs Jae Ho Lee (“Lee”), his wife Soyoun Park […]

Delaware Judge Rejects D&O’s MTD

August 9, 2022 admin

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 […]

Unpaid New Value Stays Unpaid Even When Later Paid Post Petition–11th Cir

August 9, 2022 admin

Download the full pdf of the opinion by clicking: here July 18, 2022, US Eleventh Circuit Court of Appeals – The Eleventh Circuit Court of Appeals reversed the Bankruptcy Court’s order which had denied Auriga Polymers Inc. (“Defendant”) motion to offset its preference liability against the new value Auriga provided to Beaulieu Group, LLC (“Debtor”) […]

New York District Court Nixes Shareholder’s Appeal in Trustee Suit

August 4, 2022 admin

Download the full pdf of the opinion by clicking: here July 18, 2022, US District Court for Southern New York – The District Court for Southern New York granted Trustee Ian J. Gazes’ motion to dismiss Nicholas Gordon’s appeal from Bankruptcy Court’s orders. The orders dismissed the adversary proceeding filed by Nicholas Gordon against Trustee […]

Wisconsin District Judge Throws Out Trustee Appeal, OK’s Earmarking Doctrine

August 3, 2022 admin

Download the full pdf of the opinion by clicking: here July 15, 2022, US District Court for Eastern Wisconsin – The District Court for Eastern Wisconsin dismissed Trustee Douglas F. Mann’s appeal against the Bankruptcy Court order granting summary judgment in favor of Defendant LSQ Funding Group L.C. (“LSQ”) in the bankruptcy case of Engstrom, […]

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

July 23, 2022 admin

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

July 11, 2022 admin

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 […]

One-Year Discovery Rule Not for Constructive Fraud–Delaware BK Court

July 5, 2022 admin

Download the full pdf of the opinion by clicking: here June 27, 2022, US Bankruptcy Court for Delaware – The Delaware Bankruptcy Court grants the motion to dismiss filed by Anderson Media Corporation; ANConnect, LLC; et al. (“Defendants”) to the extent of dismissing Trustee George L. Miller’s complaint counts of constructive fraudulent transfer, breach of […]

November 11, 2021

November 10, 2021

Jones & Associates

New Opinions

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

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

District Court Reverses: BK Erred in Dismissing Malpractice Claim

Delaware Judge Rejects D&O’s MTD

Unpaid New Value Stays Unpaid Even When Later Paid Post Petition–11th Cir

New York District Court Nixes Shareholder’s Appeal in Trustee Suit

Wisconsin District Judge Throws Out Trustee Appeal, OK’s Earmarking Doctrine

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

Cerberus Dealt Loss in Lien Subordination Fight

One-Year Discovery Rule Not for Constructive Fraud–Delaware BK Court

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Jones & Associates

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