The United States District Court for the District of Delaware recently issued a Revised Standing Order Concerning the Use of Face Mask and Coverings in Public Areas of the District and Bankruptcy Court. Per the Revised Standing Order, court staff are required to wear a face mask when interacting with the public. Likewise, visitors
Delaware Bankruptcy Blog
Review of Bankruptcy Proceedings and Legal Developments in Delaware and Throughout the Country
Blog Authors
Latest from Delaware Bankruptcy Blog
Muji USA Ltd. Files for Chapter 11 Bankruptcy Protection in Delaware
By Carl D. Neff
Muji USA Ltd., the U.S. division of the iconic Japanese home and goods fashion retailer, filed for Chapter 11 bankruptcy on July 10, 2020 in the United States Bankruptcy Court for the District of Delaware, with plans to reposition the brand’s e-commerce division.
Chapter 11 bankruptcy filings permit a struggling businesses to continue its operations…
Seeking Relief from the Automatic Stay to Pursue a Personal Injury Claim
By Carl D. Neff
When a defendant in a personal injury lawsuit files for bankruptcy, the “drill” is familiar: a suggestion of bankruptcy is filed, the case is stayed, and no further action can be taken to liquidate the personal injury plaintiff’s claims until the automatic stay is lifted.
So how does a personal injury claimant go about lifting…
Brooks Brothers Files for Bankruptcy in Delaware
By Carl D. Neff
Background on the Debtors
The iconic retail brand, Brooks Brothers, filed for Chapter 11 bankruptcy protection on Wednesday, July 8, 2020 in the Delaware Bankruptcy Court.
Founded in 1818, Brooks Brothers is one of the country’s oldest retailers. In light of the coronavirus, rent had become a significant burden for the retailer. To date, Brooks…
Lucky Brand Files for Bankruptcy – Closes 13 Stores
By Carl D. Neff
Lucky Brand became the latest retailer to seek bankruptcy protection when it filed for chapter 11 protection in the United States Bankruptcy Court for the District of Delaware on Friday, July 3rd. Lucky Brand joins J.Crew, Neiman Marcus and J.C. Penney, all of which filed for bankruptcy during the pandemic.
Matthew A. Kaness, Lucky Brand interim…
Phase 1 Reopening Hearing Procedures Announced by Judge Owens
By Carl D. Neff
Judge Karen B. Owens recently released Phase 1 Reopening Hearing Procedures and General Reminders dated July 1, 2020 (the “Hearing Procedures”), which set forth: (i) the manner of hearings, (ii) certain procedures for in-person hearings, and (iii) general reminders.
According to the Hearing Procedures, hearings will be held telephonically via CourtCall. However, in certain circumstances…
Delaware Bankruptcy Court Finds that Intellectual Property Was Not Conveyed to Purchaser of Debtors’ Assets Under Plan
By Carl D. Neff
In the recent decision of Automotive Coalition for Traffic Safety, Inc. v. Joyson Safety Systems Acquisition, LLC, et al., (In re: TK Holdings, Inc., et al.), (Bankr. D. Del. June 18, 2020), the Delaware Bankruptcy Court adjudicated ownership of certain patent rights (the “Patent Assets”) between Automotive Coalition for Traffic Safety (“ACTS”) and TK Holdings…
Administrative Claim Regarding Mineral Rights Denied by Delaware Bankruptcy Court
By Carl D. Neff
In the recent decision of In re MTE Holdings, LLC, et al., Case No. 19-12269 (CSS) (Del. Bankr. June 8, 2020), the Delaware Bankruptcy Court determined whether a landowner that leases mineral rights to a debtor is entitled to an administrative claim against the debtor for accessing its land and installing a tank battery. According…
Oil and Gas Giant Templar Energy Files for Bankruptcy in Delaware
By Carl D. Neff
Templar Energy, an oil and gas driller, filed for Chapter 11 bankruptcy protection on June 1, 2020 in the Delaware Bankruptcy Court, becoming the latest mega energy company to waive the white flag after a precipitous drop in commodity prices over the last several months.
In a declaration filed with the Delaware Bankruptcy Court, Chief…
Supreme Court Holds that a Bankruptcy Court’s Denial of Motion for Relief from Stay is a Final, Appealable Order
By Carl D. Neff
The United States Supreme Court, in a unanimous decision authored earlier this year by Justice Ginsberg, held that a bankruptcy court’s denial of a motion for relief from stay is a final, appealable order, and therefore must be appealed within the time frame set forth in Federal Rule of Bankruptcy Procedure 8002. Ritzen Group, Inc.