Triangular Setoff Barred (Again) in Delaware
A triangular setoff, valid under state law, is unenforceable in bankruptcy under Section 553(a).
Judge Name - Do not use it.
Kevin Gross
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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
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
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
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
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
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
Gift Cards Denied Priority Status in Delaware, Contravening Prior Delaware Decision
Delaware’s Judge Kevin Gross declines to follow prior decision by visiting judge.
Judge Name - Do not use it.
Kevin Gross