New Court Opinions of Interest to the Bankruptcy Community

  • In re: CAESARS ENTERTAINMENT OPERATING CO., INC. (United States Bankruptcy Court, N.D. Illinois, Eastern Division, May 29, 2018): This contested matter in the Caesars bankruptcies is a dispute over a purported claim transfer. Before the court for ruling are three discovery motions: (1) a motion from Earl of Sandwich (Atlantic City), LLC ("Earl") to compel Whitebox Advisors, LLC ("Whitebox") to produce documents, (2) a motion from Whitebox to compel Earl to produce documents, and (3) a motion from Whitebox to "compel" a second Rule 30(b)(6) deposition of Earl.

  • In re: GARCES RESTAURANT GROUP, INC., d/b/a GARCES GROUP (United States Bankruptcy Court, D. New Jersey, May 30, 2018): Before the Court is the motion of Spinner Family Holdings, LLC ("SFH") for a stay pending appeal of this Court's Orders of May 22, 2018, denying SFH's motions to dismiss the Chapter 11 cases of La Casa Culinary, LCC (Case No. 18-19059, "LCC") and Latin Quarter Concepts, LLC (Case No. 18-19060, "LQ")

  • IN RE: MOTORS LIQUIDATION COMPANY (United States District Court, S.D. New York, May 29, 2018): This Opinion and Order resolves eleven appeals. Several of those appeals concern individual cases brought against New GM and are unlikely to have broad effect on the MDL proceedings. But the others relate to rulings that apply to the putative class action or to broad swaths of the cases now pending before this Court (or both). They include appeals addressing (1) whether plaintiffs may bring claims against New GM for fraudulent concealment of the right to file a claim against Old GM in the bankruptcy proceedings; (2) whether plaintiffs may pursue punitive damages against New GM based on the conduct of Old GM; and (3) whether plaintiffs who purchased used GM vehicles after Old GM's bankruptcy can bring claims against New GM based on the conduct of Old GM.

  • In re Fox Ortega Enterprises, Inc., Chapter 7, Debtor; Michael Kasolas, Chapter 7 Trustee, Plaintiff v. Johnny Yau, Defendant (United States Bankruptcy Court, N.D. California, Oakland Division, May 25, 2018): This adversary proceeding for recovery of fraudulent transfers is one of many such proceedings stemming from the collapse and subsequent chapter 7 bankruptcy filing of Fox Ortega Enterprises, Inc. ("Debtor"). On March 8, 2018, Defendant Johnny Yau filed a motion to dismiss this proceeding for lack of personal jurisdiction pursuant to Federal Rule of Civil Procedure 12(b)(2).

  • In re: ROTINI, INC. (United States Bankruptcy Court, District of Columbia, May 29, 2018): The District of Columbia has filed District of Columbia's Motion for Summary Judgment Regarding its Motion to Dismiss or Convert Debtor's Chapter 11 Proceeding (Dkt. No. 99) under Fed. R. Civ. P. 56, applicable to bankruptcy under Fed. R. Bankr. P. 7056, regarding District of Columbia's Motion to Dismiss or Convert Debtor's Chapter 11 Proceeding (Dkt. No. 43). For the reasons set forth, the motion will be granted.

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