Delaware District Judge Says: Don’t Use ‘Nunc Pro Tunc’ When You Mean ‘Retroactive’
Submitting a retention order with the wrong word resulted in a pivotal issue on appeal.
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Delaware District Court Upholds Discharge of Environmental Fines in Chapter 11
Environmental fines are discharged in chapter 11 because they do not result from pecuniary loss.
Third Circuit Finds Constitutional Power to Grant Releases in Confirmation Orders
Third Circuit emphasizes the limitation of nonconsensual, third-party releases to ‘exceptional’ cases.
Sometimes, a Claim Purchaser Can’t File a Claim, Delaware Judges Say
Judges Stark and Carey from Delaware distinguish between prohibiting the power and the right to assign a claim.
District Court Finds Constitutional Power to Grant Releases in Confirmation Orders
Delaware district judge rules that the bankruptcy court has final adjudicatory power to include third-party releases in confirmation orders.
Judge Name - Do not use it.
Leonard P. Stark
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
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
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