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June 18, 2024

To align with congressional intent underpinning Section 365(d)(3), Judge Gravelle gave the landlord an administrative claim for base rent due after filing and before automatic rejection.

June 05, 2024

Concurrent representation of a 43% shareholder was disqualifying while representing a creditor with 79% of the debt did not disqualify.

May 30, 2024

Is feasibility of a plan reviewed for abuse of discretion or clear error? The circuits are split.

April 30, 2024

A Third Circuit decision shows the breadth of unliquidated and contingent claims.

April 26, 2024

Delaware’s Judge Laurie Selber Silverstein tackled several novel questions about a U.S. court’s authority in chapter 15 to approve novel, foreign transactions and sell the foreign debtor’s property in the U.S.

April 10, 2024

Seemingly in conflict with Section 329, a district court decided that a chapter 7 debtor’s attorneys could sue for post-petition fees, even though the firm never disclosed the fee arrangement as required by Section 329 and Rule 2016.

April 03, 2024

With two federal statutes in conflict, Delaware’s Judge Goldblatt found a rebuttable presumption in favor of enforcing arbitration.

March 22, 2024

A creditor’s actual knowledge that a bankruptcy case exists isn’t enough for the creditor to be bound by a plan injunction, Delaware’s Judge Silverstein says.

March 07, 2024

Under binding circuit precedent, a Delaware district judge ruled that an order denying a motion to dismiss a chapter 11 case is final and appealable.

February 20, 2024

Can Section 327(c) be unconstitutional as applied if it deprives shareholders of standing when the estate might be solvent?