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Displaying Journal Articles with Topic Delaware
November 28, 2018
Delaware Judge Allows Unsecured Claim for Contractual Attorneys’ Fees
Delaware district judge reads Supreme Court’s Travelers opinion as requiring the allowance of post-petition contractual claims for attorneys’ fees.
November 19, 2018
Triangular Setoff Barred (Again) in Delaware
A triangular setoff, valid under state law, is unenforceable in bankruptcy under Section 553(a).
October 8, 2018
Liquidators Conducting GOB Sales Are Not ‘Professionals’ Covered by Section 327
U.S. Trustee rebuffed in subjecting liquidators to retention as ‘professionals’ under Section 327.
September 25, 2018
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.
September 6, 2018
Delaware District Judge Upholds Horizontal ‘Gifting’ in a Chapter 11 Plan
Narrow reading of ‘equitable mootness’ in Tribune is limited to cases involving a dispute between two classes.
August 2, 2018
Delaware District Judge Defines ‘Unfair Discrimination’ in Cramdown
A $30 million haircut is not ‘unfair discrimination’ to preclude cramming down a plan.
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.