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Delaware

Delaware District Judge Seemingly Splits with Second Circuit on the Safe Harbor

Delaware district and bankruptcy judges now disagree with the Second Circuit’s holding that the federal safe harbor preempts state fraudulent transfer law.

3rd Circuit
Delaware

No Punitive Damages Under Delaware Law to Remedy a Fraudulent Transfer

Choice of law isn’t an affirmative defense that can be waived, Judge Gross says.

3rd Circuit
Delaware

Fraudulent Transfer Claims Aren’t Capped by Creditors’ Losses

Delaware’s Judge Gross pens another controversial opinion in PAH Litigation Trust.

3rd Circuit
Delaware

Plan’s Interest Rate Held to Govern Tax Claims, Not the Rate in the IRS Code

‘Strained’ argument by the IRS about recoupment didn’t overcome terms of a confirmed plan.

3rd Circuit
Delaware

Inaccurate Disclosure Nixes a $275 Million Energy Future Breakup Fee Approved a Year Earlier

Breakup fee cannot be paid if the court or regulators disapprove a proposed sale.

3rd Circuit
Delaware

Bankruptcy Court Finds Constitutional Power to Grant Releases in Confirmation Orders

Delaware bankruptcy judge disagrees with district court on final adjudicatory power to include third-party releases in confirmation orders.

3rd Circuit
Delaware

Delaware Judge Narrows Jevic to Prohibit Only End-of-Case Priority Skipping

Priority skipping permitted as part of final approval of DIP financing.

3rd Circuit
Delaware

‘Gift Plan’ Succeeds in Delaware Despite Jevic’s Ban on ‘Structured Dismissals’

Case shows why gift plans and structured dismissals demand a different analysis.

3rd Circuit
Delaware

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.

3rd Circuit
Delaware

Bankruptcy Court Can Rule on Personal Injury Claim with Creditor’s Implied Consent

Supreme Court held that Section 157(b)(5) is not jurisdictional, Delaware district judge says.

3rd Circuit
Delaware
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