Delaware

Delaware Judge Disregards Committee Fee Cap if a Chapter 11 Plan Is Confirmed

Standard carveout only limits committee counsel fees if no chapter 11 plan is confirmed.

‘Close Nexus’ Test Not Always Applicable for Post-Confirmation Jurisdiction

Rule 2004 may be used after confirmation, even if the plan does not reserve jurisdiction.

Bankruptcy Powers Do Not Override Congressionally Mandated Internet Confidentiality

Third party’s emails are immune from discovery in bankruptcy, Judge Sontchi rules.

Skeptical Delaware Judge Refuses to Confirm Reorg Plan

Cash outlays to junior creditors at confirmation sink chapter 11 plan.

Identity of Asbestos Claimants Disclosed Only to ‘Ferret Out’ Fraud

Even aggregate information about asbestos claims cannot be used for lobbying.

Fired Worker’s Entire Severance Claim Given Priority in Delaware by Judge Carey

Judge Carey distinguishes between administrative and priority claims for severance.

Arbitration Agreements Held Unenforceable in WARN Act Litigation

Delaware’s Judge Shannon protects workers’ rights, disagreeing with some circuit courts.

Attempt at Reviving Frenville Fails in Delaware

Widespread notice obviated need for allowing a class proof of claim.

Delaware Judge Splits with New York by Upholding Reclamation Creditors’ Rights

Judge Walrath disagrees with Judges Lifland and Gonzales on reclamation rights.

Gift Cards Denied Priority Status in Delaware, Contravening Prior Delaware Decision

Delaware’s Judge Kevin Gross declines to follow prior decision by visiting judge.

Pages