October 11, 2017

Inaccurate Disclosure Nixes a $275 Million Energy Future Breakup Fee Approved a Year Earlier

Breakup fee cannot be paid if the court or regulators disapprove a proposed sale.

3rd Circuit, Delaware

May 02, 2017

Treatment of Equally Ranked Undersecured Creditors Is Ready for Appeal in Delaware

Judge Sontchi sticks by his 2016 decision in the Energy Future reorganization.

3rd Circuit, Delaware

January 10, 2017

Delaware Judge Disregards Committee Fee Cap if a Chapter 11 Plan Is Confirmed

Standard carveout only limits committee counsel fees if no chapter 11 plan is confirmed.

3rd Circuit, Delaware

November 21, 2016

Bankruptcy Powers Do Not Override Congressionally Mandated Internet Confidentiality

Third party’s emails are immune from discovery in bankruptcy, Judge Sontchi rules.

3rd Circuit, Delaware

Skeptical Delaware Judge Refuses to Confirm Reorg Plan

Cash outlays to junior creditors at confirmation sink chapter 11 plan.

3rd Circuit, Delaware

July 01, 2016

Complex Litigation Can Beat a Valid Forum Selection Clause

Enforcement of a forum selection clause is sometimes not mandatory, Delaware judge says.

3rd Circuit, Delaware

March 15, 2016

Judges Sontchi and Drain Agree on Treatment Among Undersecured Creditors

No need for venue-shopping between Delaware and New York for undersecured creditors.

3rd Circuit, Delaware

January 14, 2016

Committee Counsel Fees at 56% Are Ok in Delaware

Lender's plea of poverty falls on deaf ears in a sick Delaware case.

3rd Circuit, Delaware