PHILADELPHIA - A panel of the Third Circuit U.S. Court of Appeals on May 1 refused to hear a debtor's appeal that a district court improperly denied her motion to stay eviction proceedings against her, ruling that she failed to demonstrate "a substantial question" of law that needs to be resolved (In Re: Cheryl Lucretia Springs, No. 13-1306, Chapter 7, 3rd Cir.; 2013 U.S. App. LEXIS 8872).
NEW YORK - Kyocera Corp. on May 1 agreed to pay $4.95 million to bankrupt Eastman Kodak Co. to settle patent infringement claims and unconditionally release both parties from future litigation pertaining to the patents at issue (Kyocera Corporation v. Eastman Kodak Company $(In Re: Eastman Kodak Company$), Adv. No. 13-01093, No. 12-10202, Chapter 11, S.D. N.Y. Bkcy.).
ATLANTA - A panel of the 11th Circuit U.S. Court of Appeals on May 1 affirmed a bankruptcy court's decision that required creditors who had filed an involuntary bankruptcy to post a $100,000 bond (Fisher Island Limited v. Fisher Island Investments Inc., No. 12-13045, Chapter 11, 11th Cir.; 2013 U.S. App. LEXIS 8856).
WILMINGTON, Del. - The former parent of Chapter 11 debtor The Flintkote Co. is not concerned about asbestos personal injury claimants and is objecting to Flintkote's plan of reorganization merely to use the bankruptcy case to its own litigation advantage, Flintkote says in an April 29 brief in the former parent's Delaware federal court appeal of the plan's confirmation (In re: The Flintkote Co., et al. [Imperial Tobacco Canada Limited, et al. v. The Flintkote Company, et al., No. 13-227, D. Del.]).
NEW YORK - Bankrupt Eastman Kodak Co. on April 30 filed its joint plan of reorganization, which would pay priority claims and secured claims in full, for a total recovery of $49.2 million, while the recovery of $2.8 billion in general unsecured claims is projected to be better than if Kodak converted the case to Chapter 7 liquidation (In Re: Eastman Kodak Company, No. 12-10202, Chapter 11, S.D. N.Y. Bkcy.).
NEW YORK - The federal bankruptcy judge presiding over the Chapter 11 proceeding of RDA Holding Co., the company that owns Readers' Digest publications, on April 30 ruled that the Official Committee of Unsecured Creditors is not authorized or required to provide access to confidential or privileged information (In Re: RDA Holding Co., No. 13-22233, Chapter 11, S.D. N.Y. Bkcy.).
SAN FRANCISCO - A panel of the Ninth Circuit U.S. Court of Appeals on April 30 vacated and remanded to a district court a case involving a trustee's complaint that a debtor company made a fraudulent transfer greater than $11.99 million, ruling that the district court did not apply the correct standard in its initial ruling (Official Committee of Unsecured Creditors of the Estate of Fitness Holdings International Inc. v. Hancock Park Capital II [In the Matter of: Fitness Holdings International Inc], No. 11-56677, Chapter 11, 9th Cir.; 2013 U.S. App. LEXIS 8729).
WILMINGTON, Del. - The Official Committee of Unsecured Creditors in the Chapter 11 bankruptcy of B456 Systems Inc., the renamed version of alternative energy company A123 Systems, on April 29 filed a brief objecting to a more than $27.91 million claim asserted by General Motors LLC that alleges breach of contract (In Re: B456 Systems Inc., No. 12-12859, Chapter 11, D. Del. Bkcy.).
NEW YORK - The post-petition lenders and a group of senior noteholders in the Chapter 11 bankruptcy of pharmaceutical company K-V Discovery Solutions Inc. on April 25 filed a brief arguing that the bankruptcy court should approve their disclosure statement for the reorganization plan because it complies with the Bankruptcy Code (In Re: K-V Discovery Solutions Inc., No. 12-13346, Chapter 11, S.D. N.Y. Bkcy.).
NEW YORK - Bankrupt Eastman Kodak Co. on April 29 announced that it has reached a comprehensive settlement agreement with the U.K. Kodak Pension Plan (KPP), its largest creditor, which will settle $2.8 billion in claims held by KPP against Kodak by transferring ownership of Kodak's personalized-imaging and document-imaging businesses to KPP (In Re: Eastman Kodak Company, No.12-10202, Chapter 11, S.D. N.Y. Bkcy.).
CINCINNATI - A panel of the Sixth Circuit U.S. Court of Appeals on April 26 overruled a bankruptcy court and affirmed a debtor couple's Chapter 13 payment plan that proposed cramming down the debt on its mobile home (James A. Wallingford v. Green Tree Servicing LLC [In Re: James A. Wallingford], No. 12-4174, Chapter 13, 6th Cir.; 2013 U.S. App. LEXIS 8586).
WASHINGTON, D.C. - The U.S. Supreme Court on April 29 denied a petition for certiorari in which a debenture trust company argued that the Second Circuit U.S. Court of Appeals inappropriately applied the doctrine of equitable mootness in affirming a bankruptcy court's decision that overruled its objections to the reorganization plan of Charter Communications Inc. (Law Debenture Trust Co. v. Charter Communications Inc., No. 12-847, Chapter 11, U.S. Sup.).
NEW YORK - Bankrupt AMR Corp., the parent company of American Airlines Inc., on April 25 moved in the U.S. Bankruptcy Court for the Southern District of New York for approval of its request for $3.25 billion in exit financing (In Re: AMR Corp., No. 11-15463, Chapter 11, S.D. N.Y. Bkcy.).
NEW YORK - The U.S. trustee in the Chapter 11 bankruptcy of video game maker Atari Inc. on April 24 filed a brief objecting to the company's plan to pay bonuses to key employees on grounds that the benchmarks for determining whether those bonuses should be paid were not challenging enough (In Re: Atari Inc., No. 13-10176, Chapter 11, S.D. N.Y. Bkcy.).
ST. LOUIS - A panel of the Eighth Circuit U.S. Court of Appeals on April 25 affirmed a bankruptcy court's decision that a debtor was not entitled to discharge of his student loan obligations based on an "undue hardship" (Erik J. Nielsen v. ACS Inc. $(In Re: Erik J. Nielsen$), No. 12-2925, Chapter 13, 8th Cir.; 2013 U.S. App. LEXIS 8373).
WILMINGTON, Del. - Bankrupt Synagro Technologies Inc., which bills itself as the largest recycler of biosolids and organic residuals in the country, on April 25 moved in a bankruptcy court for approval of what could amount to more than $2.64 million in bonuses for executives and designated key employees (In Re: Synagro Technologies Inc., No. 13-11041, Chapter 11, D. Del. Bkcy.).
WILMINGTON, Del. - Bankrupt Overseas Shipholding Group (OSG) on April 25 filed a complaint in the U.S. Bankruptcy Court for the District of Delaware seeking a ruling that lawsuits against the company related to asbestos exposure are stayed pending bankruptcy as per the automatic stay (In Re: Overseas Shipholding Group, No. 12-20000, Chapter 11, D. Del. Bkcy.).
NEW YORK - A company that claims bankrupt AMR Corp., the parent company of American Airlines Inc., is infringing on its patents by operating certain boarding pass and flight check-in systems, on April 24 moved for relief from the automatic stay to sue the airline for $17.7 million in damages related to alleged post-petition patent infringement (In Re: AMR Corp., No. 11-15463, Chapter 11, S.D. N.Y. Bkcy.).
WILMINGTON, Del. - A potential buyer of one of bankrupt Ritz Camera & Image LLC's assets on April 22 filed a brief objecting to the Chapter 7 trustee's motion seeking authorization to sell the asset, a piece of real property, to a different purchaser for $100,000 less (In Re: Ritz Camera & Image LLC, No. 12-11868, Chapter 7, D. Del. Bkcy.).
WILMINGTON, Del. - The Law Debenture Trust Company of New York (LDTCNY) on April 23 filed a brief contending that its request for fees and expenses related to the bankruptcy of media giant Tribune Co. is appropriate because LDTCNY made "substantial contributions" to the case (In Re: Tribune Company, No. 08-13141, Chapter 11, D. Del. Bkcy.).
LOS ANGELES - The Chapter 11 trustee in the bankruptcy of GGW Brands Inc., the parent company for the company that produces adult videos under the name "Girls Gone Wild," on April 23 sued GGW's founder seeking sanctions and damages for allegedly interfering with the trustee's attempts to conduct the bankruptcy (In Re: Todd Nielson v. Joseph Francis [In Re: GGW Brands Inc.], No. 13-15130, Chapter 11, C.D. Calif. Bkcy.).
LOS ANGELES - The Official Committee of Unsecured Creditors in the Chapter 11 bankruptcy of Rhythm And Hues Inc. (RAH), which provided the visual special effects for the film "Life of Pi," on April 22 filed a brief contending that a stalking horse bidder is not entitled to a $425,000 break-up fee (In Re: Rhythm And Hues Inc., No. 13-13775, Chapter 11, C.D. Calif. Bkcy.).
ATLANTA - A panel of the 11th Circuit on April 23 ruled that the Internal Revenue Service was entitled to the good faith defense regarding the prepetition transfer of $536,686.91 it received from a debtor company and, therefore, the trustee could not recover the money for the bankruptcy estate (Soneet R. Kapula v. Internal Revenue Service $(In Re: ATM Financial Services LLC$), No. 12-11690, Chapter 11, 11th Cir.; 2013 U.S. App. LEXIS 8129).
WILMINGTON, Del. - Yarway Corp., a former Pennsylvania company that manufactured pipe clamps, steam traps, valves and controls, filed for Chapter 11 protection April 22 in Delaware federal bankruptcy court due to thousands of asbestos personal injury claims combined with the depletion of insurance assets to pay the claims (In re: Yarway Corporation, No. 13-11025, D. Del. Bkcy.).
NEW YORK - The Dewey & LeBoeuf Liquidating Trust on April 22 moved in the U.S. Bankruptcy Court for the Southern District of New York for approval of a settlement valued at more than $19.5 million between the trust, Dewey & LeBoeuf's former CEO and his insurance company (In Re: Dewey & LeBoeuf, No. 12-12321, Chapter 11, S.D. N.Y. Bkcy.).