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Rochelle's Daily Wire | ABI Exclusive
August 1, 2018
Delaware’s Judge Sontchi Writes a Seminal Opinion on Sovereign Immunity
A bankruptcy court’s in rem jurisdiction overrides a claim of sovereign immunity.
June 11, 2018
Bankruptcy Code Preempts State Law Invalidating KERPs, Delaware Judge Says
A waiver in a KERP is enforceable even if it violates state labor law, Judge Carey rules.
May 29, 2018
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.
May 23, 2018
New Jevic Settlement Fails, Making Supreme Court’s Reversal More Costly
Unlike Rodney Dangerfield, Jevic workers get respect when Delaware judge rejects a new settlement they dislike.
May 10, 2018
Accelerating Payments Defeats the ‘Ordinary Course’ Defense
Payments made after threats and demands are not eligible for the ‘ordinary course’ preference defense.
April 24, 2018
Tax Sales Can Be Avoided as Preferences, New Jersey District Judge Rules
Not a true public sale, a tax foreclosure in New Jersey can be attacked as a preference without implicating concerns about federalism.
April 4, 2018
Delaware & New York Courts Still Agree on Treatment Among Undersecured Creditors
Post-petition interest accruals aren’t counted in figuring distributions among undersecured creditors with liens on the same collateral.
March 21, 2018
Federal Common Law of Constructive Trust Works When State Law Won’t
Delaware judge shows sympathy for a creditor being stiffed by the debtor.
February 28, 2018
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.
February 22, 2018
Consumer Protection Claims by Governments Are Discharged in Chapter 11
Consumer protection claims brought by states are nondischargeable in chapter 11 only when the state has been the target of fraudulent representations.