Delaware’s Judge Sontchi Writes a Seminal Opinion on Sovereign Immunity
A bankruptcy court’s in rem jurisdiction overrides a claim of sovereign immunity.
Judge Name - Do not use it.
Christopher S. Sontchi
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Bankruptcy Code Preempts State Law Invalidating KERPs, Delaware Judge Says
A waiver in a KERP is enforceable even if it violates state labor law, Judge Carey rules.
Judge Name - Do not use it.
Kevin J. Carey
Stern Held Inapplicable to Orders Denying Summary Judgment
Delaware district judge explains why Stern doesn’t confer the equivalent of an appeal from an interlocutory order.
Judge Name - Do not use it.
Leonard P. Stark
New Jevic Settlement Fails, Making Supreme Court’s Reversal More Costly
Unlike Rodney Dangerfield, Jevic workers get respect when Delaware judge rejects a new settlement they dislike.
Judge Name - Do not use it.
Brendan L. Shannon
Delaware & New York Courts Still Agree on Treatment Among Undersecured Creditors
Post-petition interest accruals aren’t counted in figuring distributions among undersecured creditors with liens on the same collateral.
Judge Name - Do not use it.
Richard G. Andrews
Federal Common Law of Constructive Trust Works When State Law Won’t
Delaware judge shows sympathy for a creditor being stiffed by the debtor.
Judge Name - Do not use it.
Kevin Gross
Delaware Judge Nixes the Notion of Implied Assumption of Executory Contracts
An asset purchaser cannot escape liability for appropriating the benefits of a contract that was not assumed and assigned.
Judge Name - Do not use it.
Kevin Gross
Consumer Protection Claims by Governments Are Discharged in Chapter 11
Consumer protection claims brought by states are nondischargeable in chapter 11 only when the state has been the target of fraudulent representations.
Judge Name - Do not use it.
Brendan L. Shannon
Bankruptcy Courts Aren’t ‘Courts’ and Don’t Have Power to Transfer
Don’t stretch bankruptcy jurisdiction when the statute of limitations is about to expire.
Judge Name - Do not use it.
Gregory M. Sleet
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.
Judge Name - Do not use it.
Leonard P. Stark