October 03, 2016

Attempt at Reviving Frenville Fails in Delaware

Widespread notice obviated need for allowing a class proof of claim.

3rd Circuit, Delaware

August 31, 2016

Delaware Judge Splits with New York by Upholding Reclamation Creditors’ Rights

Judge Walrath disagrees with Judges Lifland and Gonzales on reclamation rights.

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

August 04, 2016

Preference May Be Offset by an Unpaid Administrative Claim, Judge Carey Rules

Automatic disallowance under Section 502(d) held not applicable to administrative claims.

3rd Circuit, Delaware

July 14, 2016

Delaware’s Judge Gross Differs with Second Circuit on the Safe Harbor

Judge Gross finds Judge Gerber in Lyondell more persuasive than the Second Circuit in Tribune.

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

June 30, 2016

Lender Can’t Use Corporate Structure to Waive a Company’s Right to File Bankruptcy

Delaware’s Judge Carey slams the door on waivers of the right to file chapter 11.

3rd Circuit, Delaware

April 25, 2016

Valuation Date Chosen to Avoid ‘Gamesmanship’

Early valuation aids a debtor in stripping off during an up market.

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

February 19, 2016

No Claim Arises from Loss of a Make-Whole Premium, Delaware District Judge Holds

Delaware is now on par with New York in disallowing make-whole premiums.

3rd Circuit, Delaware