Recent Articles

Due Process and 363 Sales of Consignment Goods

Thomas Horan
November 18, 2008 15:45

Due Process and 363 Sales of Consignment Goods, American Bankruptcy Institute Young & New Members Committee Newsletter, Vol. 6, No. 4, November 2008.  Authored by Ericka F. Johnson.  In this article, Morris James LLP attorney Ericka F. Johnson discusses the recent decision...

Post-petition Stub Rent Allowed as an Administrative Expense Claim Under 503(b)(1)

Ericka Johnson
November 18, 2008 15:44

In re Goody’s Family Clothing, Inc., 392 B.R. 604 (Bankr. D. Del. 2008) (Judge Christopher S. Sontchi) The Bankruptcy Court held that the court may allow an administrative claim for unpaid post-petition rent under section 503(b)(1), provided that the claim is for an actual, necessary cost and...

Greatwide Logistics Worldwide Files Bankruptcy Cases in Delaware

Thomas Horan
October 21, 2008 16:05

Yesterday, GWLS Holdings, Inc. and its related debtors filed petitions under Chapter 11 of the Bankruptcy Code in the United States Bankruptcy Court for the District of Delaware.  The debtors have requested that these cases be jointly administered under case number...

Third Circuit Reverses Bankruptcy Court's Exercise of Jurisdiction Over Non-Debtors

Thomas Horan
September 30, 2008 13:08

In re Exide Techs., No. 07-2230, __ F.3d __ (3d Cir. Sept. 19, 2008) The persistent question of when a bankruptcy court can exercise “core” jurisdiction over nondebtor vs. nondebtor disputes received close examination in a precedential opinion issued by the Third Circuit...

Third Circuit Reverses Bankruptcy Court's Sua Sponte Exercise of Jurisdiction Over Non-Debtors

Thomas Horan
September 30, 2008 13:08

In re Exide Techs., No. 07-2230, __ F.3d __ (3d Cir. Sept. 19, 2008) The persistent question of when a bankruptcy court can exercise “core” jurisdiction over nondebtor vs. nondebtor disputes received close examination in a precedential opinion...

Eastern District of Michigan Bankruptcy Court Follows Delaware Opinions In Holding That 502(d) Does Not Apply to Administrative Expenses Under Section 503(b)(9)

Thomas Horan
September 25, 2008 16:24

In a decision issued on September 16, 2008, the Honorable Phillip J. Shefferly, a Bankruptcy Judge for the United States Bankruptcy Court for the Eastern District of Michigan, Southern Division, issued an opinion in the Plastech Engineered Products, Inc. et al., bankruptcy cases...

HRP Myrtle Beach Holdings, LLC and affiliates, Operators of Theme Park, Seek Chapter 11 Protection

Thomas Horan
September 25, 2008 16:18

On September 24, 2008, HRP Myrtle Beach Holdings, LLC, HRP Myrtle Beach Operations, LLC, HRP Myrtle Beach Holdings Capital Corp., HRP Myrtle Beach Capital Corp. and We Got Your Back Security Co., LLC, HRP Myrtle Beach Management, LLC, and HRP Global Management, LLC...

Latest Edition of ABI Young & New Members Committee Newsletter Published

Thomas Horan
September 19, 2008 23:07

The September 2008 edition of the American Bankruptcy Institute Young & New Members Committee has been published.  Tom Horan, an attorney in Morris James LLP's Bankruptcy and Creditors Rights practice, is the editor of the newsletter. The September 2008 newsletter features interviews with...

Delaware Bankruptcy Court Transfers Venue of CHA Hawaii, LLC Case to Hawaii

Thomas Horan
September 19, 2008 23:02

This morning, the United States Bankruptcy Court for the District of Delaware granted the motion of the largest creditor of the estates of CHA Hawaii, LLC and its affiliated debtors to transfer venue of the case from Delaware to the District of Hawaii.  St. Francis Healthcare System of...

Section 503(b)(9) Claims and Bar Dates: Creditors Must Be Vigilant

Thomas Horan
August 21, 2008 20:08

Section 503(b)(9) Claims and Bar Dates: Creditors Must Be Vigilant,  ABI Journal, Vol. XXVII, No. 6, July/August 2008.  Authored by: Carl N. Kunz, III