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.
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‘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.
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Bankruptcy Powers Do Not Override Congressionally Mandated Internet Confidentiality
Third party’s emails are immune from discovery in bankruptcy, Judge Sontchi rules.
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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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