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ABI Journal

Rochellel's Daily Wire

December 13, 2024

District Court Upholds Redaction of Customer Information in a Cryptocurrency Case

Prominent news organizations failed to overturn the redaction of customer information in a big cryptocurrency case.

3rd Circuit, Delaware

November 11, 2024

Standard Deviation Can’t Be the Only Test to Prove the ‘Ordinary Course’ Defense

District judge in Delaware says that expert testimony must establish whether standard deviation is a proper statistical test to prove the ‘ordinary course’ defense to a preference.

3rd Circuit, Delaware

November 06, 2024

Sufficiency of Preference and Fraudulent Transfer Complaints Described by Judge Goldblatt

To defeat motions to dismiss, preference and fraudulent transfer complaints need not contain all the information to be learned in discovery, Bankruptcy Judge Craig Goldblatt says.

3rd Circuit, Delaware

October 28, 2024

Judge Goldblatt Engrafts the Standing Rules from Truck Insurance onto Chapter 7

At least with regard to standing for objections to claims, Delaware’s Judge Craig Goldblatt believes that the Truck Insurance standard for chapter 11 also applies in chapter 7.

3rd Circuit, Delaware

October 01, 2024

Delaware Judge Sets the Standards for Nondebtor Releases Following Purdue

Nondebtor releases are valid whether the creditor votes for or against the plan, as long as notice to opt out was clear and conspicuous.

3rd Circuit, Delaware

September 30, 2024

The ‘Home Court’ Rule Does Not Apply in Chapter 15 Cases, District Judge Says

The Delaware district court affirmed Bankruptcy Judge Thomas Horan, who ruled that a creditor cannot sue a chapter 15 debtor in bankruptcy court on a prebankruptcy claim.

3rd Circuit, Delaware

September 16, 2024

Reports by Risk Management Association Admissible to Prove ‘Ordinary Course’ Defense

Extraordinary collection efforts do not preclude invoking the ‘ordinary course’ defense to a preference.

3rd Circuit, Delaware

July 18, 2024

Delaware Judge Explains How to Obtain a PI Protecting Nondebtors After Purdue

In the first decision on the topic after Purdue, Delaware’s Judge Goldblatt denied the debtor’s motion for a preliminary injunction to stop a lawsuit against nondebtors.

3rd Circuit, Delaware

July 12, 2024

Delaware Judge Pegs Low Values for Crypto Tokens in FTX Bankruptcy Case

The debtor’s prebankruptcy machinations to inflate the value of tokens resulted in low claim valuations in bankruptcy.

3rd Circuit, Delaware

April 26, 2024

Can a U.S. Court Sell a Foreign Debtor’s U.S. Assets ‘Free and Clear’?

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.

3rd Circuit, Delaware