Delaware Bankruptcy Blog

Review of Bankruptcy Proceedings and Legal Developments in Delaware and Throughout the Country

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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 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

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

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

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.