Rothstein Trustee: Privilege Prohibits Production Of Documents

FORT LAUDERDALE, Fla. - The Chapter 11 trustee in the bankruptcy of former law firm Rothstein Rosenfeldt Adler (RRA), on April 12 filed a brief contending that a creditor's motion to compel documents should be denied because it sought documents that were privileged (In Re: Rothstein Rosenfeldt Adler...

Investors Offer $275M For Bankrupt Pharmaceutical Company K-V Discovery

NEW YORK - A group of investors on May 29 made a $275 million offer to buy bankrupt K-V Discovery Solutions Inc. (In Re: K-V Discovery Solutions Inc., No. 12-13346, Chapter 11, S.D. N.Y. Bkcy.).

Asbestos Coverage Disputes Between Flintkote, Insurers Go To Binding Arbitration

WILMINGTON, Del. - A Delaware federal bankruptcy judge on June 20 granted relief from the automatic stay in The Flintkote Co.'s Chapter 11 case so that Flintkote and certain London market insurance companies can participate in binding arbitration to resolve disputes over insurance coverage for asbestos...

4th Circuit: Fraud Ruling, Sanctions Proper For Debtor's Discovery Abuses

RICHMOND, Va. - A panel of the Fourth Circuit U.S. Court of Appeals on July 10 ruled that a debtor's repeated violations of discovery orders warranted a decision by a bankruptcy court that denied him the right to present evidence at trial, resulting in his conviction for fraud (Southern Management...

Garlock Loses Bid To Unseal Evidence Of Trust Claims, Asbestos Exposures

CHARLOTTE, N.C. - A North Carolina federal bankruptcy judge on July 23 denied a request by Chapter 11 debtor Garlock Sealing Technologies LLC to make public evidentiary documents that were filed under seal for Garlock's asbestos liability estimation trial, including evidence that Garlock says shows...

Garlock Bankruptcy Judge Denies News Site's Bid To Open Estimation Proceeding

CHARLOTTE, N.C. - The "significant" privacy rights of asbestos claimants and their attorneys outweigh the public's interest in certain evidence deemed confidential in the asbestos liability estimation trial for Chapter 11 debtor Garlock Sealing Technologies LLC, a North Carolina federal...

Bankrupt Capitol Bancorp: Discovery Needed Regarding FDIC's Bank Seizures

DETROIT - Bankrupt Capitol Bancorp Ltd. on Aug. 2 moved in the U.S. Bankruptcy Court for the Eastern District of Michigan for an order compelling the Federal Deposit Insurance Corp. to produce documents and to submit to examination through deposition testimony regarding allegations that the FDIC used...

Committee: Excel Maritime 'Improperly Seeks' Discovery From Prepetition Expert

NEW YORK - The Official Committee of Unsecured Creditors in the Chapter 11 bankruptcy of Excel Maritime Carriers Ltd. on Sept. 10 filed a brief arguing that Excel "improperly seeks discovery" from a prepetition expert that was hired by an ad hoc committee of unsecured creditors (In Re: Excel...

Detroit: Union Document Requests Go Beyond What Is Required In Bankruptcy

DETROIT - The bankrupt City of Detroit on Sept. 13 filed objections to all of the document requests filed by the Retired Detroit Police Members Association (RDPMA) as it seeks discovery regarding the city's eligibility to file for Chapter 9 bankruptcy, arguing that the requests "impose a burden"...

Putative Class Seeks Damages For Unrefunded Losses From Bankrupt Revel Casino

TRENTON, N.J. - A group of casino customers filed a putative class action lawsuit in the U.S. District Court for the District of New Jersey on Sept. 13, alleging violations of the New Jersey Consumer Fraud Act, among others, against bankrupt casino Revel Entertainment Group LLC and its affiliate Chatham...

Airlines In Antitrust Case Seek DOJ Documents Related To Other Mergers

WASHINGTON, D.C. - US Airways and American Airlines Inc., which are defendants in an antitrust lawsuit filed by the U.S. Department of Justice (DOJ) related to the proposed merger of the two airlines, on Sept. 20 moved in the U.S. District Court for the District of Columbia for an order compelling the...

Airlines: DOJ's Antitrust Case Belies Claim That Prior Mergers Are 'Irrelevant'

WASHINGTON, D.C. - US Airways Group Inc. and American Airlines Inc. filed a joint brief in the U.S. District Court for the District of Columbia on Sept. 29, arguing that the U.S. Department of Justice (DOJ) "half-heartedly" asserts that factual assumptions related to previous airline mergers...

Irish Bank: Discovery Seeks Material That Is 'Entirely Without Relevance'

WILMINGTON, Del. - The foreign representatives of Irish Bank Resolution Corp. (IBRC) on Oct. 4 filed a brief in the U.S. Bankruptcy Court for the District of Delaware supporting a motion for a protective order against discovery requests from the bank's noteholders (In Re: Irish Bank Resolution Corporation...

Special Master: Airlines Not Allowed To Compel Discovery In Antitrust Lawsuit

WASHINGTON, D.C. - The special master appointed to handle discovery requests in the antitrust lawsuit filed by the U.S. Department of Justice (DOJ) against US Airways Group Inc., and bankrupt American Airlines Inc. on Oct. 10 issued a report saying that the airlines should not be permitted to compel...

Special Master Recommends That Discovery Requests In Airline Merger Case Be Denied

WASHINGTON, D.C. - The special master overseeing discovery in the U.S. Department of Justice's (DOJ) action seeking an injunction to prevent the proposed merger of American Airlines Inc. and US Airways Group Inc. recommended Oct. 10 that certain discovery requests be denied (United States of America...

Bankruptcy Judge Approves Sale Of Garlock Plant In Upstate New York

CHARLOTTE, N.C. - A North Carolina federal bankruptcy judge on Oct. 18 authorized Chapter 11 debtor Garlock Sealing Technologies LLC to sell a former manufacturing plant in New York for more than $200,000 (In re: Garlock Sealing Technologies, LLC, No. 10-31607, W.D. N.C. Bkcy.).

Former Directors And Officers: Insurers Should See Discovery In Tribune Litigation

WILMINGTON, Del. - A group of former directors and officers of bankrupt Tribune Co. on Oct. 25 moved in the U.S. Bankruptcy Court for the District of Delaware for permission to allow their insurers to see discovery materials pertaining to the adversary proceeding filed against the former directors and...

Class Of MF Global Customers: Allegations Against Auditor Are Pleaded 'Sufficiently'

NEW YORK - Customers who invested private funds with bankrupt MF Global Holdings Ltd. (MFGH) on Oct. 28 filed a brief in the U.S. District Court for the Southern District of New York arguing that their class action complaint sufficiently alleges a negligence claim against MFGH's auditor, Pricewaterhouse...

Broker Files Putative Class Action, Says US Bank Was Complicit In Peregrine Fraud

CHICAGO - Fintec Group Inc., a commodities broker that did business with bankrupt Peregrine Financial Group Inc., on Nov. 11 filed a putative class action against US Bank NA in the U.S. District Court for the Northern District of Illinois, alleging that it was complicit in the fraud perpetrated by Peregrine...

Highway Technologies Seeks OK Of WARN Class Settlement Of More Than $2.02 Million

WILMINGTON, Del. - Bankrupt Highway Technologies Inc. (HTI) on Nov. 19 moved in the U.S. Bankruptcy Court for the District of Delaware for approval of a $2,022,060 settlement involving class claims brought under the Worker Adjustment and Retraining Notification Act (WARN) (In Re: Highway Technologies...

Highway Technologies Bankruptcy Judge Approves WARN Class For Settlement Purposes

WILMINGTON, Del. - The federal bankruptcy judge presiding over the Chapter 11 proceeding of Highway Technologies Inc. (HTI) on Dec. 11 ordered that a class of claimants asserting claims under the Worker Adjustment Retraining and Notification Act (WARN) be certified for the purposes of approving a $2...

Law Firm: Bankrupt Rotech Healthcare Not Allowed To Depose Its Attorneys

WILMINGTON, Del. - The law firm that represented the Official Committee of Equity Security Interest Holders in the Chapter 11 bankruptcy of Rotech Healthcare Inc. on Dec. 13 moved for a protective order, contending that Rotech should not be permitted to depose members of the firm (In Re: Rotech Healthcare...

Class Opposed To Merger Of American, US Airways Appeals, Says Evidence Not Considered

NEW YORK - The class plaintiffs who opposed the merger of bankrupt American Airlines Inc. and US Airways Group Inc. by filing an adversary complaint in the bankruptcy of American Airlines' parent company, AMR Corp., on Dec. 19 filed a designation of appeal contending that evidence presented in the...

Major League Baseball Pitcher Curt Schilling: Privilege Not Waived In Bankruptcy

WILMINGTON, Del. - Former Major League Baseball (MLB) pitcher Curt Schilling and his business partners in bankrupt video game company 38 Studios LLC on Jan. 15 filed a brief in the U.S. Bankruptcy Court for the District of Delaware objecting to the trustee's motion seeking approval to waive attorney...

Judge: Trustee In 38 Studios Bankruptcy Entitled To Limited Waiver Of Privilege

WILMINGTON, Del. - The federal bankruptcy judge presiding over the Chapter 7 bankruptcy of 38 Studios, the video game manufacturer operated by former Major League Baseball (MLB) pitcher Curt Schilling and some business partners, on Jan. 23 granted a limited waiver of attorney-client and work product...