IN RE TSAWD HOLDINGS, INC.

Case No. 16-10527 (MFW), Jointly Administered, Adv. No. 16-50364(MFW).

In re: TSAWD HOLDINGS, INC., et al., Chapter 11, Debtors. TSA STORES, INC., TSA PONCE, INC., and TSA CARIBE, INC., Plaintiffs, and WILMINGTON SAVINGS FUND SOCIETY, FSB, AS SUCCESSOR ADMINISTRATIVE AND COLLATERAL Plaintiff-Intervenor/Counterclaim Defendant, v. M J SOFFE, LLC a/k/a M.J. SOFFE, LLC, Defendant/Counterclaim Plaintiff.

United States Bankruptcy Court, D. Delaware.

November 26, 2018.

Editors Note
Nature of Suit: 91 — Declaratory judgment, 12 — Recovery of money/property - 547 preference, 14 — Recovery of money/property - other, 72 — Injunctive relief - other.
Source: PACER


Attorney(s) appearing for the Case

TSA Stores, Inc., TSA Ponce, Inc. & TSA Caribe, Inc., Plaintiffs, represented by Andrew L. Magaziner, Young Conaway Stargatt & Taylor, LLP & Michael S. Neiburg, Young Conaway Stargatt & Taylor, LLP.

M J Soffe, LLC, aka, Defendant, represented by Amy D. Brown, Gellert Scali Busenkell & Brown, Michael G. Busenkell, Gellert Scali Busenkell & Brown, LLC, R. Stephen McNeill, Potter Anderson & Corroon LLP, Jeremy William Ryan, Potter Anderson & Corroon LLP, John A. Sensing, Potter Anderson & Corroon LLP & Etta Ren Wolfe, Potter Anderson & Corroon LLP.

Kurtzman Carson Consultants LLC, Claims Agent, represented by Albert Kass, Kurtzman Carson Consultants, LLC.

Wilmington Savings Fund Society, FSB, as Successor Administrative and Collateral Agent, Intervenor-Plaintiff, represented by Daniel B. Butz, Morris, Nichols, Arsht & Tunnell.

M J Soffe, LLC, Counter-Claimant, represented by Amy D. Brown, Gellert Scali Busenkell & Brown, Michael G. Busenkell, Gellert Scali Busenkell & Brown, LLC, R. Stephen McNeill, Potter Anderson & Corroon LLP, Jeremy William Ryan, Potter Anderson & Corroon LLP & John A. Sensing, Potter Anderson & Corroon LLP.

Wilmington Savings Fund Society, FSB, as Successor Administrative and Collateral Agent, Counter-Defendant, represented by Daniel B. Butz, Morris, Nichols, Arsht & Tunnell.


OPINION1

Before the Court are cross-motions for summary judgment filed by Wilmington Savings Fund Society, FSB ("WSFS") and M.J. Soffe, LLC ("Soffe"), as well as Soffe's motion for summary judgment against the Debtors. The dispute is which party has priority in the...

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