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Judges Stark and Carey from Delaware distinguish between prohibiting the power and the right to assign a claim.

Although a foreclosure sale can be immune from fraudulent transfer attack, a tax foreclosure not based on the value of the property can be a preference.

The Pacor test for ‘related to’ jurisdiction isn’t so broad when it comes to indemnification agreements.

As his parting shot, Judge Carey requires turnover of almost everything in the files of professionals for an independent audit committee.

The Third Circuit’s new opinion on ‘finality’ will be cast in doubt depending on how the Supreme Court rules in Ritzen.

The Third Circuit wrote an important decision on distributing collateral under an intercreditor agreement, but it wasn’t precedential.

The right of indemnification by a bankrupt isn’t establishing ‘related to’ jurisdiction in federal court.

Money taken from a debtor’s own retirement account to pay a creditor does not qualify for the earmarking defense, Chief Judge Fehling says.

Discretionary bonuses by an insolvent employer are not automatically fraudulent transfers, Judge Silverstein says.

Creditors lack standing in Delaware and other states for derivative liability suits against officers and managers of LPs and LLCs.