Skeptical Delaware Judge Refuses to Confirm Reorg Plan
Cash outlays to junior creditors at confirmation sink chapter 11 plan.
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Identity of Asbestos Claimants Disclosed Only to ‘Ferret Out’ Fraud
Even aggregate information about asbestos claims cannot be used for lobbying.
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Fired Worker’s Entire Severance Claim Given Priority in Delaware by Judge Carey
Judge Carey distinguishes between administrative and priority claims for severance.
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Arbitration Agreements Held Unenforceable in WARN Act Litigation
Delaware’s Judge Shannon protects workers’ rights, disagreeing with some circuit courts.
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Attempt at Reviving Frenville Fails in Delaware
Widespread notice obviated need for allowing a class proof of claim.
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Delaware Judge Splits with New York by Upholding Reclamation Creditors’ Rights
Judge Walrath disagrees with Judges Lifland and Gonzales on reclamation rights.
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Gift Cards Denied Priority Status in Delaware, Contravening Prior Delaware Decision
Delaware’s Judge Kevin Gross declines to follow prior decision by visiting judge.
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Preference May Be Offset by an Unpaid Administrative Claim, Judge Carey Rules
Automatic disallowance under Section 502(d) held not applicable to administrative claims.
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Delaware’s Judge Gross Differs with Second Circuit on the Safe Harbor
Judge Gross finds Judge Gerber in Lyondell more persuasive than the Second Circuit in Tribune.
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Complex Litigation Can Beat a Valid Forum Selection Clause
Enforcement of a forum selection clause is sometimes not mandatory, Delaware judge says.
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