A waiver in a KERP is enforceable even if it violates state labor law, Judge Carey rules.
Delaware district judge explains why Stern doesn’t confer the equivalent of an appeal from an interlocutory order.
Unlike Rodney Dangerfield, Jevic workers get respect when Delaware judge rejects a new settlement they dislike.
Post-petition interest accruals aren’t counted in figuring distributions among undersecured creditors with liens on the same collateral.
Delaware judge shows sympathy for a creditor being stiffed by the debtor.
An asset purchaser cannot escape liability for appropriating the benefits of a contract that was not assumed and assigned.
Consumer protection claims brought by states are nondischargeable in chapter 11 only when the state has been the target of fraudulent representations.
Don’t stretch bankruptcy jurisdiction when the statute of limitations is about to expire.
Delaware district and bankruptcy judges now disagree with the Second Circuit’s holding that the federal safe harbor preempts state fraudulent transfer law.
Choice of law isn’t an affirmative defense that can be waived, Judge Gross says.