Delaware

Successorship Obligations Are Not Barred by Sales Free and Clear, Delaware D.J. Says

Neither a sale ‘free and clear’ nor rejection of a union contract bars enforcement of NLRA successorship obligations, Delaware district judge rules in reversing the bankruptcy court.

Court :

3rd Circuit

Delaware

Supreme Court Will Soon Grant or Deny ‘Cert’ to Rule on Refunds for UST Overpayments

The bankruptcy court in Delaware sided with four circuits by directing the U.S. Trustee to give refunds for overpayment of fees that were not uniform throughout the country.

Court :

3rd Circuit

Delaware

Contesting the Election of a ‘Permanent’ Trustee Is Compensable, Judge Goldblatt Says

Contesting the election of a chapter 7 trustee isn’t like defending a fee application, which Baker Botts held to be noncompensable.

Court :

3rd Circuit

Delaware

If Bankruptcy Occurs on the Eve of Trial, Is There ‘Cause’ to Modify the Stay?

Delaware’s Judge Craig Goldblatt makes a ‘common-sense judgment’ in deciding whether to allow a prepetition lawsuit to proceed in state court.

Court :

3rd Circuit

Delaware

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.

Court :

3rd Circuit

Delaware

Claim Isn’t Disallowed if the ‘Statute’ Lapses After the Claim Is Filed

Judge Goldblatt of Delaware wrote an opinion where the answer was self-evident but there was no authority on point.

Court :

3rd Circuit

Delaware

Delaware Judge Explores the Theories Behind ‘Opt-In’ and ‘Opt-Out’ Chapter 11 Plans

Peculiar circumstance compelled a Delaware judge to depart from his usual approval of ‘opt-out’ plans that grant non-debtor releases.

Court :

3rd Circuit

Delaware

Delaware and New York District Courts Split on Permissibility of Non-Debtor Releases

Upholding confirmation of the Boy Scouts’ chapter 11 plan, the district judge in Delaware disagreed with his counterpart in New York who found no statutory power to impose non-consensual, non-debtor third-party releases.

Court :

3rd Circuit

Delaware

Delaware Judge Says When Prejudgment Asset Freezes Are Ok Under Grupo Mexicano

If you want a prejudgment asset freeze, ask for equitable relief and the recovery of specific property, Judge Goldblatt says.

Court :

3rd Circuit

Delaware

Arguments Both Ways, Power to De-Designate from Subchapter V Left Undecided

Although deposed as debtor in possession, the Subchapter V debtor retains the sole power to file a chapter 11 plan.

Court :

3rd Circuit

Delaware

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