December 20, 2024
A Delaware bankruptcy judge says there could be circumstances when automatic stays will not be enforced after the court has denied a motion to compel arbitration.
September 16, 2024
Extraordinary collection efforts do not preclude invoking the ‘ordinary course’ defense to a preference.
September 21, 2023
The bankruptcy court in Delaware sided with four circuits by directing the U.S. Trustee to give refunds for overpayment of fees that were not uniform throughout the country.
December 09, 2022
Sticking to her guns, Bankruptcy Judge Mary Walrath rules that the solvent-debtor exception was abrogated by the adoption of the Bankruptcy Code, but certifies a direct appeal to the Court of Appeals.
June 21, 2022
The amendment to Section 547(b) does not require a preference complaint to explain why the defendant doesn’t have affirmative defenses, Judge Walrath says.
December 28, 2021
Split grows on allowance of makewholes and what constitutes disallowed, unmatured interest.
January 14, 2020
Parting with some other bankruptcy courts, Judge Walrath upholds the constitutionality of the major increase in U.S. Trustee fees that was imposed on pending cases in early 2018.
April 18, 2019
Perfecting a consignment is easy, but failing to do so is disastrous.
March 07, 2017
Is a reclamation notice required if a shipper delivers goods despite a demand to stop delivery?
September 28, 2016
Immunity, fiduciary duty and damages discussed in the context of a low sale price.