April 3, 2024
With two federal statutes in conflict, Delaware’s Judge Goldblatt found a rebuttable presumption in favor of enforcing arbitration.
3rd Circuit , Delaware ,
March 22, 2024
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.
3rd Circuit , Delaware ,
March 7, 2024
Under binding circuit precedent, a Delaware district judge ruled that an order denying a motion to dismiss a chapter 11 case is final and appealable.
3rd Circuit , Delaware ,
February 20, 2024
Can Section 327(c) be unconstitutional as applied if it deprives shareholders of standing when the estate might be solvent?
3rd Circuit , Delaware ,
February 8, 2024
Like Bankruptcy Judge Lopez in Houston, Delaware’s Judge Goldblatt decided that Delaware law governing LLCs can’t eliminate rights that are fundamental in federal bankruptcy law.
3rd Circuit , Delaware ,
December 27, 2023
No reverse condemnation occurred when the state took over a debtor’s property to prevent an imminent threat to public health.
3rd Circuit , Delaware ,
December 21, 2023
A D&O policy covering securities claims doesn’t provide coverage for a claim resulting from a fraudulent transfer, the Delaware Supreme Court rules.
3rd Circuit , Delaware ,
November 21, 2023
Judge Goldblatt slaps creditors with $665,000 in damages for violating the automatic stay.
3rd Circuit , Delaware ,
November 2, 2023
The fraudulent intent of an individual who controls a corporation can be imputed to the corporation itself, even if the board is unaware of fraud.
3rd Circuit , Delaware ,
October 31, 2023
A Delaware opinion states that debtors can’t reincorporate to manufacture venue, but it’s permissible for lenders to do so.
3rd Circuit , Delaware ,