Debtor’s Counsel Later Can Become Adverse to the Plan’s Liquidating Trust Bankruptcy Judge Shannon says that the liquidating trust was not debtor’s counsel’s former client. Read more about Debtor’s Counsel Later Can Become Adverse to the Plan’s Liquidating Trust
Issue and Claim Preclusion Didn’t Bar Challenging a Lien Previously Considered Valid Newly applicable law permitted a chapter 13 debtor to cram down a lien that the debtor previously had considered to be valid. Read more about Issue and Claim Preclusion Didn’t Bar Challenging a Lien Previously Considered Valid
Contingency Fees Under a Trust Indenture May Not Result in a Claim, Judge Shannon Says A standard provision in a trust indenture meant no recovery for the indenture trustee’s attorneys. Read more about Contingency Fees Under a Trust Indenture May Not Result in a Claim, Judge Shannon Says
Jevic Rises from the Dead to Bar Claims Brought Originally by the Creditors’ Committee Not having challenged pre-petition liens on time, a chapter 7 trustee was barred from taking over an adversary proceeding initiated by a now-dissolved chapter 11 creditors’ committee. Read more about Jevic Rises from the Dead to Bar Claims Brought Originally by the Creditors’ Committee
Barton Also Protects Asbestos Trusts, Delaware Judge Says If a suit filed in violation of Barton ends up in bankruptcy court, must the judge still dismiss? The courts are split. Judge Name - Do not use it. Brendan Linehan Shannon Read more about Barton Also Protects Asbestos Trusts, Delaware Judge Says
Liquidators Conducting GOB Sales Are Not ‘Professionals’ Covered by Section 327 U.S. Trustee rebuffed in subjecting liquidators to retention as ‘professionals’ under Section 327. Judge Name - Do not use it. Brendan Linehan Shannon Read more about Liquidators Conducting GOB Sales Are Not ‘Professionals’ Covered by Section 327
New Jevic Settlement Fails, Making Supreme Court’s Reversal More Costly Unlike Rodney Dangerfield, Jevic workers get respect when Delaware judge rejects a new settlement they dislike. Judge Name - Do not use it. Brendan L. Shannon Read more about New Jevic Settlement Fails, Making Supreme Court’s Reversal More Costly
Consumer Protection Claims by Governments Are Discharged in Chapter 11 Consumer protection claims brought by states are nondischargeable in chapter 11 only when the state has been the target of fraudulent representations. Judge Name - Do not use it. Brendan L. Shannon Read more about Consumer Protection Claims by Governments Are Discharged in Chapter 11
Goods Delivered Directly to a Debtor’s Customers Never Qualify for 503(b)(9) Judge Shannon writes an important decision for the era of ecommerce. Judge Name - Do not use it. Brendan L. Shannon Read more about Goods Delivered Directly to a Debtor’s Customers Never Qualify for 503(b)(9)
Arbitration Agreements Held Unenforceable in WARN Act Litigation Delaware’s Judge Shannon protects workers’ rights, disagreeing with some circuit courts. Judge Name - Do not use it. Brendan L. Shannon Read more about Arbitration Agreements Held Unenforceable in WARN Act Litigation