Delaware Judge Explains How to Obtain a PI Protecting Nondebtors After Purdue
In the first decision on the topic after Purdue, Delaware’s Judge Goldblatt denied the debtor’s motion for a preliminary injunction to stop a lawsuit against nondebtors.
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Delaware Judge Pegs Low Values for Crypto Tokens in FTX Bankruptcy Case
The debtor’s prebankruptcy machinations to inflate the value of tokens resulted in low claim valuations in bankruptcy.
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Can a U.S. Court Sell a Foreign Debtor’s U.S. Assets ‘Free and Clear’?
Delaware’s Judge Laurie Selber Silverstein tackled several novel questions about a U.S. court’s authority in chapter 15 to approve novel, foreign transactions and sell the foreign debtor’s property in the U.S.
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ERISA Claims Resolved in Bankruptcy Court, Not Through Arbitration
With two federal statutes in conflict, Delaware’s Judge Goldblatt found a rebuttable presumption in favor of enforcing arbitration.
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Actual Notice Is Required for a Plan Injunction to Bind a Creditor
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.
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Ritzen and Bullard Didn’t Change the ‘Pragmatic Approach’ to Bankruptcy Finality
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.
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Shareholder Standing Scrutinized in a Case that Presages Truck Insurance
Can Section 327(c) be unconstitutional as applied if it deprives shareholders of standing when the estate might be solvent?
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Another Judge Rules that Federal Bankruptcy Law Preempts Delaware Law on LLCs
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.
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No Condemnation When Government Takes Over Property to Prevent Public Injury
No reverse condemnation occurred when the state took over a debtor’s property to prevent an imminent threat to public health.
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Whether a Fraudulent Transfer Claim Is ‘Direct’ or ‘Derivative’ Depends on Point of View
A D&O policy covering securities claims doesn’t provide coverage for a claim resulting from a fraudulent transfer, the Delaware Supreme Court rules.
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