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.
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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.
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To Establish Record Dates, the Plan Applies, Not Securities Regulations
Established practice governing distributions is upheld in Delaware district court.
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Narrow Arbitration Clause Loses the Presumption of Arbitrability
Bankruptcy judge to interpret the contract before arbitrators calculate the result.
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Treatment of Equally Ranked Undersecured Creditors Is Ready for Appeal in Delaware
Judge Sontchi sticks by his 2016 decision in the Energy Future reorganization.
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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.
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Indenture Trustee’s Counsel Fees Are Measured by a Different Standard
Indenture trustee’s fees to defend fees are compensable despite Baker Botts.
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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.
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‘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.
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Bankruptcy Powers Do Not Override Congressionally Mandated Internet Confidentiality
Third party’s emails are immune from discovery in bankruptcy, Judge Sontchi rules.
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