Delaware | ABI

To Establish Record Dates, the Plan Applies, Not Securities Regulations

Established practice governing distributions is upheld in Delaware district court.

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Narrow Arbitration Clause Loses the Presumption of Arbitrability

Bankruptcy judge to interpret the contract before arbitrators calculate the result.

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Treatment of Equally Ranked Undersecured Creditors Is Ready for Appeal in Delaware

Judge Sontchi sticks by his 2016 decision in the Energy Future reorganization.

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Delaware District Judge Issues Important Opinion on Third-Party Releases

Bankruptcy courts can’t issue final orders approving third-party releases in chapter 11 plans.

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Indenture Trustee’s Counsel Fees Are Measured by a Different Standard

Indenture trustee’s fees to defend fees are compensable despite Baker Botts.

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Delaware Judge Disregards Committee Fee Cap if a Chapter 11 Plan Is Confirmed

Standard carveout only limits committee counsel fees if no chapter 11 plan is confirmed.

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‘Close Nexus’ Test Not Always Applicable for Post-Confirmation Jurisdiction

Rule 2004 may be used after confirmation, even if the plan does not reserve jurisdiction.

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Bankruptcy Powers Do Not Override Congressionally Mandated Internet Confidentiality

Third party’s emails are immune from discovery in bankruptcy, Judge Sontchi rules.

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Skeptical Delaware Judge Refuses to Confirm Reorg Plan

Cash outlays to junior creditors at confirmation sink chapter 11 plan.

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Identity of Asbestos Claimants Disclosed Only to ‘Ferret Out’ Fraud

Even aggregate information about asbestos claims cannot be used for lobbying.

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