February 20, 2024
Can Section 327(c) be unconstitutional as applied if it deprives shareholders of standing when the estate might be solvent?
February 08, 2024
Like Bankruptcy Judge Lopez in Houston, Delaware’s Judge Goldblatt decided that Delaware law governing LLCs can’t eliminate rights that are fundamental in federal bankruptcy law.
December 27, 2023
No reverse condemnation occurred when the state took over a debtor’s property to prevent an imminent threat to public health.
December 21, 2023
A D&O policy covering securities claims doesn’t provide coverage for a claim resulting from a fraudulent transfer, the Delaware Supreme Court rules.
November 21, 2023
Judge Goldblatt slaps creditors with $665,000 in damages for violating the automatic stay.
November 02, 2023
The fraudulent intent of an individual who controls a corporation can be imputed to the corporation itself, even if the board is unaware of fraud.
October 31, 2023
A Delaware opinion states that debtors can’t reincorporate to manufacture venue, but it’s permissible for lenders to do so.
October 02, 2023
Delaware’s Judge Goldblatt seems to be recommending that the Third Circuit close a loophole in confidentiality agreements.
September 22, 2023
Neither a sale ‘free and clear’ nor rejection of a union contract bars enforcement of NLRA successorship obligations, Delaware district judge rules in reversing the bankruptcy court.
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.