When personal injury attorneys face a defendant who files for bankruptcy, progress on the case suddenly halts as the automatic stay takes effect. While obtaining relief from the stay is the first challenge (as discussed in my previous article), understanding the insurance coverage landscape is equally critical. Most successful stay relief negotiations involve limiting
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Delaware Bankruptcy Court Grants Late-Filed Abuse Claim in Boy Scouts Bankruptcy Case, Finding Excusable Neglect Despite Substantial Delay
By Carl D. Neff
The letter decision, issued by Judge Laurie Selber Silverstein of the United States Bankruptcy Court for the District of Delaware on December 16, 2024, addresses a Motion to Allow Late-Filed Proof of Claim in the Boy Scouts of America bankruptcy case. The movant, identified only as “J.C.,” sought permission to file a late claim…
Nothing Ordinary About It: Delaware Court Rejects Simple Statistics in Preference Action
By Carl D. Neff
In the recent decision of FI Liquidating Trust v. The Terminix International Company Limited Partnership, Civ. No. 23-1233 (D. Del. Oct. 29, 2024), the United States District Court for the District of Delaware reversed and remanded a bankruptcy court’s summary judgment ruling in a preference action. The case involved the FI Liquidating Trust (formed…
PetroQuest Energy Files Second Bankruptcy, Plans Asset Sale Amid $115.5M Debt
By Carl D. Neff
PetroQuest Energy Inc., a Louisiana-based oil and gas exploration company, has filed for bankruptcy in Delaware with $115.5 million in debt ($104.5 million secured, $11 million unsecured). This marks their second bankruptcy filing, having previously emerged from Chapter 11 in 2019. The company, which was founded in 1998 and focuses on oil and natural gas…
Oya Renewables – Bidding Procedures Motion
By Carl D. Neff
On November 6th, Oya Renewables Development LLC, et al. (the “Oya Debtors”) filed a bidding procedures motion to approve the proposed bidding procedures in connection with the sale of substantially all of the Oya Debtors’ assets.
Below are additional important dates (which are proposed in the bidding procedures motion):
- December 17, 2024: proposed deadline to
…
Solar Energy Developer Seeks Bankruptcy Protection Amid Financial Crisis
By Carl D. Neff
Oya Renewables, a Boston and Toronto-based solar infrastructure developer founded in 2009, has initiated Chapter 11 bankruptcy proceedings in Delaware. The company faces financial obligations between $100-500 million, including $86.8 million in secured debt, while maintaining minimal cash reserves of just $58,000.
The company’s downfall stems from multiple challenges, according to Chief Restructuring Officer John…
Face Masks Required in the Delaware District and Bankruptcy Courts
By Carl D. Neff
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…
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…