Narrow Arbitration Clause Loses the Presumption of Arbitrability Bankruptcy judge to interpret the contract before arbitrators calculate the result. Judge Name - Do not use it. Sue L. Robinson Read more about Narrow Arbitration Clause Loses the Presumption of Arbitrability
Treatment of Equally Ranked Undersecured Creditors Is Ready for Appeal in Delaware Judge Sontchi sticks by his 2016 decision in the Energy Future reorganization. Judge Name - Do not use it. Christopher S. Sontchi Read more about Treatment of Equally Ranked Undersecured Creditors Is Ready for Appeal in Delaware
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. Judge Name - Do not use it. Leonard P. Stark Read more about Delaware District Judge Issues Important Opinion on Third-Party Releases
Indenture Trustee’s Counsel Fees Are Measured by a Different Standard Indenture trustee’s fees to defend fees are compensable despite Baker Botts. Judge Name - Do not use it. Kevin Gross Read more about Indenture Trustee’s Counsel Fees Are Measured by a Different Standard
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. Judge Name - Do not use it. Christopher S. Sontchi Read more about Delaware Judge Disregards Committee Fee Cap if a Chapter 11 Plan Is Confirmed
‘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. Judge Name - Do not use it. Laurie Selber Silverstein Read more about ‘Close Nexus’ Test Not Always Applicable for Post-Confirmation Jurisdiction
Bankruptcy Powers Do Not Override Congressionally Mandated Internet Confidentiality Third party’s emails are immune from discovery in bankruptcy, Judge Sontchi rules. Judge Name - Do not use it. Christopher S. Sontchi Read more about Bankruptcy Powers Do Not Override Congressionally Mandated Internet Confidentiality
Skeptical Delaware Judge Refuses to Confirm Reorg Plan Cash outlays to junior creditors at confirmation sink chapter 11 plan. Judge Name - Do not use it. Christopher S. Sontchi Read more about Skeptical Delaware Judge Refuses to Confirm Reorg Plan
Identity of Asbestos Claimants Disclosed Only to ‘Ferret Out’ Fraud Even aggregate information about asbestos claims cannot be used for lobbying. Judge Name - Do not use it. Kevin Gross Read more about Identity of Asbestos Claimants Disclosed Only to ‘Ferret Out’ Fraud
Fired Worker’s Entire Severance Claim Given Priority in Delaware by Judge Carey Judge Carey distinguishes between administrative and priority claims for severance. Judge Name - Do not use it. Kevin J. Carey Read more about Fired Worker’s Entire Severance Claim Given Priority in Delaware by Judge Carey