Lender Can’t Use Corporate Structure to Waive a Company’s Right to File Bankruptcy
Delaware’s Judge Carey slams the door on waivers of the right to file chapter 11.
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Valuation Date Chosen to Avoid ‘Gamesmanship’
Early valuation aids a debtor in stripping off during an up market.
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Judges Sontchi and Drain Agree on Treatment Among Undersecured Creditors
No need for venue-shopping between Delaware and New York for undersecured creditors.
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No Claim Arises from Loss of a Make-Whole Premium, Delaware District Judge Holds
Delaware is now on par with New York in disallowing make-whole premiums.
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Delaware Judge Categorically Bars All Counsel from Compensation for Defense of Fees
Artful drafting cannot evade ASARCO to reimburse counsel for defense of fees.
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Committee Counsel Fees at 56% Are Ok in Delaware
Lender's plea of poverty falls on deaf ears in a sick Delaware case.
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