All items from Delaware Bankruptcy Litigation

Berkline/BenchCraft Plan Administrator Files Preference Actions

Introduction
On April 24, 2013, Robert S. Bernstein, Plan Administrator for the Berkline/BenchCraft bankruptcy estates, began filing complaints with the Delaware Bankruptcy Court seeking to recover what he contends are preferential transfers.  For those not familiar with preference actions, Bernstein contends that certain payments, or "transfers", made to creditors in the months prior to the Berkline bankruptcy are subject to avoidance and recovery pursuant to sections 547 and 550 of the Bankruptcy Code.  According to court papers filed by Bernstein, a pretrial conference is scheduled for July 9, 2013 at 10:30 a.m..
Background
Berkline and various related entities filed chapter 11 petitions for bankruptcy on May 2, 2011.  According to the Declaration of Berkline's Chief Restructuring Office (the "Decl."), Berkline was a "leading North American designer and manufacturer of upholstered and reclining furniture."  Decl. at *2. Berkline manufactured home theater seating, sofas, love seats and sectionals which were sold in furniture stores, department stores, "big box" stores and on the internet.  Two of the company's brands included the "Berkline" and "Benchcraft" lines of furniture.  Id.
Reasons for Bankruptcy



From Delaware Bankruptcy Litigation
Posted 2 weeks 9 hours ago

A Closer Look at the Synagro Technologies Bankruptcy

Introduction
On April 24, 2013, Synagro Technologies ("Synagro") and various affiliates filed chapter 11 petitions for bankruptcy in the United States Bankruptcy Court for the District of Delaware.  Synagro recycles biosolid and organic materials generated by municipal and industrial waste water treatment centers.  The company describes its services to include "drying and pelletization, composting, incineration, alkaline stabilization, land application, collection and transportation, regulatory compliance, dewatering, facility cleanout services and product marketing."  See Synagro's Declaration in Support of Chapter 11 Petitions and First Day Pleadings (the "Decl.") at *3-4.
Operations



From Delaware Bankruptcy Litigation
Posted 3 weeks 3 hours ago

Yarway Files for Bankruptcy, Citing Asbestos-Related Litigation

Introduction
On Monday, April 22, 2013, Yarway Corporation filed a chapter 11 petition for bankruptcy in the United States Bankruptcy Court for the District of Delaware.  According to papers filed by Yarway with the Bankruptcy Court, the company's origins go back to 1908 when it started manufacturing pipe clamps, steam traps and valves.  See Yarway's Affidavit in Support of First Day Pleadings (the "Decl."), at *1.  The company was privately owned until 1986, when it was sold to Keystone International, Inc..  Keystone was purchased by Tyco International Ltd. in 1997.  Decl. at *2
Operations
According to its Declaration, Yarway "allegedly manufactured, distributed and/or sold asbestos-containing products, which ceased entirely by 1988."  Decl. at *2.  The company stopped its manufacturing operations entirely in 2003 when it sold its manufacturing facility to an unrelated third party.  Id.  Even after the company sold off its manufacturing assets, it remained in existence in order to "defend, process and satisfy asbestos-related claims asserted against it."  Id. It's these asbestos related claims which are the basis for Yarway filing for bankruptcy. 
Reasons for Bankruptcy



From Delaware Bankruptcy Litigation
Posted 4 weeks 2 days ago

The Scooter Store Files for Bankruptcy in Delaware, Citing Government Regulations and Investigations

Introduction
On Monday, April 15, 2013 (the "Petition Date"), The Scooter Store Holdings, Inc. (the "Scooter Store" or "Debtor"), and various related entities filed chapter 11 petitions for bankruptcy in the United States Bankruptcy Court for the District of Delaware.  Based in New Braunfels, Texas, Scooter Store is one of the nation's largest providers of power wheelchairs, scooters, lifts, ramps and other related equipment.  See Declaration in Support of Chapter 11 Petitions and First Day Motions (the "Decl.") at *3.  Scooter Store began its operations in 1991.  Since then, the company has served over 700,000 senior citizens and disabled persons through its equipment offerings and services.  Id.
Company Operations and Debt Structure
At the height of its operations, Scooter Store employed over 2,400 employees in 48 locations throughout the United States.  As of the Petition Date, however, the company had reduced its employees down to 300.  Decl. at *4.  In 2011, Sun Capital Partners purchased a majority voting interest in the company.  Sun owns debts, preferred stock and warrants that represent over 66% of the voting ownership interest in the company.  Decl. at *4-5. The company's debt includes a first lien loan agreement for $25 million, a second lien facility for $25 million and a third lien facility totaling $40 million.  Decl. at *6.
Events Leading to Bankruptcy



From Delaware Bankruptcy Litigation
Posted 5 weeks 2 days ago

A Summary of the Rotech Healthcare Bankruptcy

Introduction
Earlier today, Rotech Healthcare ("Rotech"), filed chapter 11 petitions for bankruptcy in the United States Bankruptcy Court for the District of Delaware.  According to a declaration filed by Rotech's President and CEO (the "Declaration" or "Decl."), Rotech describes itself as "one of the largest providers of home medical equipment and related products and services in the United States ..."  The numbers back it up ... Rotech provides medical equipment and services in all 50 states employing over 4,000 employees in 409 operating locations.  Decl. at *3.   Using the information provided in Rotech's court filings, this post will look at Rotech's business, why the company filed for bankruptcy and what Rotech's objectives are now that it is in bankruptcy. 
Business History and Operations



From Delaware Bankruptcy Litigation
Posted 6 weeks 3 days ago

Pool Supplier, NAMCO, Files for Bankruptcy In Delaware

Introduction
On March 24, 2013, NAMCO, LLC ("NAMCO") filed a chapter 11 petition for bankruptcy in the United States Bankruptcy Court for the District of Delaware.  Based in Manchester, Connecticut, NAMCO sales swimming pool accessories and equipment throughout the Northeast and Mid-Atlantic United States.  See Declaration of Lee Diercks in Support of Chapter 11 Petition and First Day Motion (the "Declaration" or "Decl.") at *2.  In addition to selling pool supplies, NAMCO owns and operates a chemical repackaging center which allows the company to sell and distribute chemicals through its website.  Id.
Operations
Going in to bankruptcy, NAMCO operates thirty-seven (37) stores in ten states. The company's stores range anywhere in size from 11,000 to 60,000 square feet.  In addition to its retail stores, NAMCO operates in 190,000 square feet of office and distribution space and 40,000 square feet for its chemical repackaging center.  Id. at *3. 



From Delaware Bankruptcy Litigation
Posted 7 weeks 2 hours ago

Majestic Holdco Opinion Discusses Excusable Neglect

Summary
In an 8 page decision signed February 21, 2013, Judge Gross of the Delaware Bankruptcy Court denied a Motion for Enlargement of Administrative Claim, holding that the movant failed to prove excusable neglect. Judge Gross’s opinion is available here (the “Opinion”).
The Opinion analyzes the motion pursuant to the excusable neglect factors provided in Pioneer Investment Services Co. v. Brunswick Assocs. Ltd. Partnership, 507 U.S. 380, 395 (1993) (“These include, as the Court of Appeals found, the danger of prejudice to the debtor, the length of the delay and its potential impact on judicial proceedings, the reason for the delay, including whether it was within the reasonable control of the movant, and whether the movant acted in good faith.”).Background



From Delaware Bankruptcy Litigation
Posted 10 weeks 9 hours ago

Sportsman's Warehouse Reminds Us of Basic Contract Interpretation Principles

Summary
In a 25 page opinion published February 7, 2013, Judge Sontchi applied black-letter contract interpretation principles in conjunction with the bankruptcy rules in holding that a landlord was not entitled to damages resulting from a debtor's breach of its lease. Judge Sontchi’s opinion is available here (the “Opinion”). Background



From Delaware Bankruptcy Litigation
Posted 11 weeks 6 days ago

Ormet Corporation Files for Bankruptcy in Order to Facilitate Sale of Assets

Background
On February 25, 2013 (the "Petition Date"), Ormet Corporation and various related entities filed chapter 11 petitions for bankruptcy in the United States Bankruptcy Court for the District of Delaware.  As stated in the company's Declaration in Support of First-Day Motions and Applications (the "Decl.") at *4, Ormet began in 1956 as an aluminum manufacturer at a facility along the Ohio River in Hannibal, Ohio.  By 2004, the company had grown to eight facilities in six states with operations that included aluminum production, rolling, recycling and coating.  Id. 
Low prices for aluminum and high energy costs forced the company to file for bankruptcy protection in Ohio in January of 2004.  The Bankruptcy Court for the Southern District of Ohio confirmed Ormet's plan of reorganization in December of 2004.  Decl. at *5.  As the company enters bankruptcy a second time, this time in Delaware, Ormet operates an aluminum smelter facility in Hannibal Ohio (256 acres) and a refinery in Burnside, Louisiana (1,100 acres).  Decl. at *7.  In the weeks leading up to bankruptcy, Ormet employed over 1,100 individuals, 977 of which are represented by the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union.  Decl. at *8.
Reasons for Filing Bankruptcy



From Delaware Bankruptcy Litigation
Posted 12 weeks 1 day ago

Handy Hardware Seeks to Reorganize in Delaware Bankruptcy Court

Background
On January 11, 2013, Handy Hardware Wholesale, Inc. ("Handy" or the "Debtor") filed a chapter 11 petition for bankruptcy in the United States Bankruptcy Court for the District of Delaware.  As stated in Handy's court filings, the company is a wholesale purchaser of hardware supplies which it in turn sells to its members at a discount.  See Declaration of Thomas J. Schifanella, Jr. in Support of Chapter 11 Petition and First Day Pleadings (the "Decl.") at *4.  The company's members operate over 1,300 retail stores, lumber yards and home centers in 14 states in the United States, Mexico, South America and Puerto Rico.  Id..  In order to purchase inventory for its members, Handy Hardware buys from over 1,300 vendors.  By purchasing in bulk, the company is able to purchase inventory at a reduced cost and pass the savings on to its members.  Id.
Events Leading to Bankruptcy
Handy Hardware began purchasing for its members in 1961.  Over the years the company continued to add more members.  In 1986, Handy began an expansion project wherein it expanded its Houston warehouse from 100,000 square feet to 560,000 square feet and built a second warehouse in Meridian, Mississippi.  Decl. at *15.  Whereas the Houston expansion was funded with cash, Handy funded the Meridian warehouse facility through a $20 million bond.  Decl. at *9. 



From Delaware Bankruptcy Litigation
Posted 12 weeks 2 days ago