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Showing 7 posts recarding Judge Sue L. Robinson.

Who Has Standing to Raise a Potential Conflict of Interest and an Objection to a Firm’s Retention?

Hofmeister v. Official Comm. of Unsecured Creditors (In re Revstone Indus., LLC), No. 13-565 (SLR), 2015 WL 5618890 (D. Del. Sept. 24, 2015)

In this Delaware District Court Memorandum affirming the decision of the Delaware Bankruptcy Court to permit the retention of counsel (“Committee Counsel”) to the Revstone debtors’ official committee of unsecured creditors (the “Committee”), the Court addressed who may object to a retention application and press an asserted conflict of interest. Read More ›

With High Bar For WARN Act’s “Single Employer” Standard, Delaware District Court Affirms Summary Judgment

Czyzewski v. Sun Capital Partners, Inc. (In re Jevic Holding Corp.), No. 13-1127-SLR (D. Del. Sept. 29, 2014)

[Update - On July 27, 2016, the Third Circuit Court of Appeals affirmed the "well-reasoned opinions of the District Court and Bankruptcy Court[.]"]

In this Memorandum, arising from the bankruptcy proceedings of Jevic Holding Corp. and its affiliates (together, the “Debtors”), Delaware’s District Court affirmed the Bankruptcy Court’s holding that appellee Sun Capital Partners, Inc. (“Appellee”) was not a “single employer” with debtor Jevic Transportation Inc. (“Jevic”) for purposes of claims asserted under the federal and New Jersey Worker Adjustment and Retraining Notification Act (collectively, the “WARN Act”). In line with Third Circuit precedent, the District Court agreed with the lower court that the allegations alleged and evidence proffered by Jevic’s former employees did not satisfy the standard required for inter-corporate liability under the WARN Act, which rests on whether the former employer and the target-company have become so entangled with one another’s affairs that they are more like divisions of a single enterprise. Read More ›

Bar Date Notice Insufficient For Unknown Creditors Despite Publication Nationally And Locally

White v. Jacobs (In re New Century TRS Holdings, Inc.), No. 13-1719-SLR, 2014 WL 4100749 (D. Del. Aug. 19, 2014)

The central question in this appeal was whether notice of a debtors’ claims bar date was constitutionally sufficient to afford unknown creditors due process.*  Although publication notice of a bar date in national and local newspapers is often deemed sufficient for unknown creditors, the Delaware District Court held that, under the circumstances of this case, the notice was insufficient and vacated the Bankruptcy Court’s ruling.  In so ruling, the District Court observed that “when the bar date is set so close to the publication date, debtors have a heavier burden to ensure that notice is widespread.”  Id. at *6 n.8. Read More ›

Bankruptcy Court’s Careful Consideration of Settlement’s Broad Benefit Recognized by District Court

CFI Class Action Claimants v. Singley (In re SCH Corp.), No. 12-1576 (SLR), 2014 WL 1340234 (D. Del. Apr. 2, 2014)

On April 2, 2014, the Honorable Sue L. Robinson of the District Court affirmed an oral ruling of the Bankruptcy Court approving a post-confirmation settlement.  As is commonplace in appeals of settlement orders, the District Court deferred to the Bankruptcy Court's development of the record and application of the Martin factors.   Read More ›

Debtors’ Funds Purchased in Section 363 Sale Permitted to be Disbursed to Debtors' Administrative and Unsecured Creditors Over IRS Objections

United States v. LCI Holding Co., Inc., Nos. 13-924 (SLR), 13-1188 (SLR), 2014 WL 975145 (D. Del. March 10, 2014)

On March 10, 2014, Judge Sue L. Robinson of the District Court denied the request of the United States, on behalf of the Internal Revenue Service, to stay disbursement of funds placed into escrow by a purchaser of debtor-assets intended to satisfy some but not all administrative and unsecured claims asserted against the debtors.   Simply put, the sale was appropriate under section 363 of the Bankruptcy Code and the escrowed funds were not property of the debtors' estates. Read More ›

District Court Certifies Estimation Appeal to the Third Circuit – Highlights Its Limited Role in Estimation Appeals

Specialty Products Holding Corp. v. Official Committee of Asbestos Personal Injury Claimants (In re Specialty Products Holding Corp.), No. 13-1244 (SLR), 2014 WL 545780 (D. Del. Feb. 7, 2014)

On February 7, 2014, Judge Sue L. Robinson of the District Court granted a motion for certification of an order entered by the Bankruptcy Court, estimating liability for present and future asbestos claims asserted against bankruptcy estates, for immediate appeal to the Third Circuit.  In doing so, the District Court highlighted its limited role in estimation appeals, noting that “the Third Circuit precedent gives the bankruptcy courts wide-ranging discretion in making their estimation determinations, leaving the district courts unhelpful at best, impotent at worst, in any attempts to promote the resolution of these complex cases.”  Read More ›

District Court Affirms Bankruptcy Court’s Approval of a Settlement and Structured Dismissal in the Face of an Absolute Priority Challenge

Czyzewski v. Jevic Holding Corp. (In re Jevic Holding Corp.), No. 13-104 (SLR), 2014 WL 268613 (D. Del. Jan. 24, 2014)

On January 24, 2014, Judge Sue L. Robinson affirmed a Bankruptcy Court order approving a settlement and structured dismissal of the chapter 11 cases of Jevic Holding Corp. and its affiliated debtors in the face of a challenge that such settlement, among other things, violated the absolute priority rule of section 1129 of the Bankruptcy Code.  Among other things, the Court determined that the absolute priority rule did not apply to the settlement given that it was presented outside a plan of reorganization.  Moreover, even if it did apply, the appeal was equitably moot. Read More ›