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ABI Journal

Rochellel's Daily Wire

April 03, 2024

ERISA Claims Resolved in Bankruptcy Court, Not Through Arbitration

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

3rd Circuit, Delaware

March 22, 2024

Actual Notice Is Required for a Plan Injunction to Bind a Creditor

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.

3rd Circuit, Delaware

March 07, 2024

Ritzen and Bullard Didn’t Change the ‘Pragmatic Approach’ to Bankruptcy Finality

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.

3rd Circuit, Delaware

February 20, 2024

Shareholder Standing Scrutinized in a Case that Presages Truck Insurance

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

3rd Circuit, Delaware

February 08, 2024

Another Judge Rules that Federal Bankruptcy Law Preempts Delaware Law on LLCs

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.

3rd Circuit, Delaware

December 27, 2023

No Condemnation When Government Takes Over Property to Prevent Public Injury

No reverse condemnation occurred when the state took over a debtor’s property to prevent an imminent threat to public health.

3rd Circuit, Delaware

December 21, 2023

Whether a Fraudulent Transfer Claim Is ‘Direct’ or ‘Derivative’ Depends on Point of View

A D&O policy covering securities claims doesn’t provide coverage for a claim resulting from a fraudulent transfer, the Delaware Supreme Court rules.

3rd Circuit, Delaware

November 21, 2023

Actual Damages Not Required to Recover Attorneys’ Fees for a Stay Violation

Judge Goldblatt slaps creditors with $665,000 in damages for violating the automatic stay.

3rd Circuit, Delaware

November 02, 2023

Judge Goldblatt on the Imputation of Fraudulent Intent to a Delaware Corporation

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.

3rd Circuit, Delaware

October 31, 2023

It’s Ok for Lenders to ‘Manufacture’ a Favorable Venue, Delaware Judge Says

A Delaware opinion states that debtors can’t reincorporate to manufacture venue, but it’s permissible for lenders to do so.

3rd Circuit, Delaware