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The Delaware Bankruptcy Insider is a premier blog designed to bring its readers a comprehensive analysis of the latest Delaware corporate bankruptcy news and rulings.  Brought to you by Ashby & Geddes, P.A.

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Motion for Reconsideration Denied: Bankruptcy Court Correctly Interpreted Lease

In re Filene’s Basement, et al., No. 11-13511 (KJC) (Bankr. D. Del. Jan. 15, 2014)

In a previous Memorandum issued on February 19, 2013, the Honorable Kevin J. Carey found that, inter alia, an amendment to a credit agreement providing for a $10 million working capital loan secured by a leasehold mortgage constituted a “permanent mortgage” under the terms of the lease.  This ruling, contingent on the Court construing the undefined lease term “permanent mortgage,” triggered significant percentage rent under the lease from the debtor, Syms Corp. (“Syms”), to the landlord.  Syms moved for reconsideration of such decision… Read More

Claimant Not Considered an “Employee” of the Debtor, Denied Administrative Claim for Severance

In re World Health Alternatives, Inc. et al., No. 06-10166 (PJW) (Bankr. D. Del. Jan. 14, 2014)

Despite a claimant’s assertion that he was entitled to an administrative expense claim against debtor World Health Alternatives, Inc. (“World Health“) for severance, the Court found, in this short letter 11 ruling, that the evidence did not support such a claim.  The claimant relied upon an alleged verbal employment agreement with World Health as a basis for his claim.  While the claimant testified that he worked for… Read More