Rochelle's Daily Wire

A creditor’s actual knowledge that a bankruptcy case exists isn’t enough for the creditor to be bound by a plan injunction, Delaware’s Judge Silverstein says.

The opinion by Judge Silverstein contains numerous sound bites for judges and debtors aiming to discharge student loans owed by individuals living in desperate circumstances.

Pursuing appointment benefitted the professional career of the applicant and did not benefit the estate, Judge Silverstein said.

Third Circuit emphasizes the limitation of nonconsensual, third-party releases to ‘exceptional’ cases.

Discretionary bonuses by an insolvent employer are not automatically fraudulent transfers, Judge Silverstein says.

The Fourth Circuit and a Delaware bankruptcy judge reach opposite conclusions on motions to dismiss petitions by solvent debtors.

Delaware bankruptcy judge disagrees with district court on final adjudicatory power to include third-party releases in confirmation orders.

Rule 2004 may be used after confirmation, even if the plan does not reserve jurisdiction.

Failure to notice all class members was pivotal in permitting a class proof of claim.