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November 19, 2018

Triangular Setoff Barred (Again) in Delaware
A triangular setoff, valid under state law, is unenforceable in bankruptcy under Section 553(a).
3rd Circuit, Delaware

March 21, 2018

Federal Common Law of Constructive Trust Works When State Law Won’t
Delaware judge shows sympathy for a creditor being stiffed by the debtor.
3rd Circuit, Delaware

February 28, 2018

Delaware Judge Nixes the Notion of Implied Assumption of Executory Contracts
An asset purchaser cannot escape liability for appropriating the benefits of a contract that was not assumed and assigned.
3rd Circuit, Delaware

November 10, 2017

No Punitive Damages Under Delaware Law to Remedy a Fraudulent Transfer
Choice of law isn’t an affirmative defense that can be waived, Judge Gross says.
3rd Circuit, Delaware

November 08, 2017

Fraudulent Transfer Claims Aren’t Capped by Creditors’ Losses
Delaware’s Judge Gross pens another controversial opinion in PAH Litigation Trust.
3rd Circuit, Delaware

October 27, 2017

Plan’s Interest Rate Held to Govern Tax Claims, Not the Rate in the IRS Code
‘Strained’ argument by the IRS about recoupment didn’t overcome terms of a confirmed plan.
3rd Circuit, Delaware

September 18, 2017

Delaware Judge Narrows Jevic to Prohibit Only End-of-Case Priority Skipping
Priority skipping permitted as part of final approval of DIP financing.
3rd Circuit, Delaware

March 20, 2017

Indenture Trustee’s Counsel Fees Are Measured by a Different Standard
Indenture trustee’s fees to defend fees are compensable despite Baker Botts.
3rd Circuit, Delaware

November 14, 2016

Identity of Asbestos Claimants Disclosed Only to ‘Ferret Out’ Fraud
Even aggregate information about asbestos claims cannot be used for lobbying.
3rd Circuit, Delaware

August 15, 2016

Gift Cards Denied Priority Status in Delaware, Contravening Prior Delaware Decision
Delaware’s Judge Kevin Gross declines to follow prior decision by visiting judge.
3rd Circuit, Delaware