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.
Judge Name - Do not use it.
Kevin Gross
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Fraudulent Transfer Claims Aren’t Capped by Creditors’ Losses
Delaware’s Judge Gross pens another controversial opinion in PAH Litigation Trust.
Judge Name - Do not use it.
Kevin Gross
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.
Judge Name - Do not use it.
Kevin Gross
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.
Judge Name - Do not use it.
Christopher S. Sontchi
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.
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Laurie Selber Silverstein
Delaware Judge Narrows Jevic to Prohibit Only End-of-Case Priority Skipping
Priority skipping permitted as part of final approval of DIP financing.
Judge Name - Do not use it.
Kevin Gross
‘Gift Plan’ Succeeds in Delaware Despite Jevic’s Ban on ‘Structured Dismissals’
Case shows why gift plans and structured dismissals demand a different analysis.
Judge Name - Do not use it.
Richard G. Andrews
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.
Judge Name - Do not use it.
Brendan L. Shannon
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.
Judge Name - Do not use it.
Gregory M. Sleet
To Establish Record Dates, the Plan Applies, Not Securities Regulations
Established practice governing distributions is upheld in Delaware district court.
Judge Name - Do not use it.
Judge Sue L. Robinson