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.
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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?
Third Circuit Creates a Common Law Alternative to Chapter 15
Prof. Westbrook believes there is no common law alternative to chapter 15.
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.
Congress Must Act to Permit Chapter 7 Debtors to Pay Counsel After Filing
Bifurcated fee arrangements are cumbersome, temporary fixes for a problem that the Supreme Court created in Lamie.
Third Circuit Says: Bankruptcy Courts Have No Discretion to Deny Examiner Motions
Although examiners must be appointed on motion, the Third Circuit says that the bankruptcy court retains ‘broad discretion’ to fix the scope and cost of the investigation.
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.
Oil and Gas Royalties Never Become Estate Property in Colorado
The Third Circuit gave royalty owners a constructive trust over royalties improperly paid to secured creditors. The circuit court did not rule on remedy.
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.
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.