District Court Finds Constitutional Power to Grant Releases in Confirmation Orders
Delaware district judge rules that the bankruptcy court has final adjudicatory power to include third-party releases in confirmation orders.
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Delaware District Judge Upholds Horizontal ‘Gifting’ in a Chapter 11 Plan
Narrow reading of ‘equitable mootness’ in Tribune is limited to cases involving a dispute between two classes.
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Delaware District Judge Defines ‘Unfair Discrimination’ in Cramdown
A $30 million haircut is not ‘unfair discrimination’ to preclude cramming down a plan.
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Delaware’s Judge Sontchi Writes a Seminal Opinion on Sovereign Immunity
A bankruptcy court’s in rem jurisdiction overrides a claim of sovereign immunity.
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Bankruptcy Code Preempts State Law Invalidating KERPs, Delaware Judge Says
A waiver in a KERP is enforceable even if it violates state labor law, Judge Carey rules.
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Stern Held Inapplicable to Orders Denying Summary Judgment
Delaware district judge explains why Stern doesn’t confer the equivalent of an appeal from an interlocutory order.
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New Jevic Settlement Fails, Making Supreme Court’s Reversal More Costly
Unlike Rodney Dangerfield, Jevic workers get respect when Delaware judge rejects a new settlement they dislike.
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Delaware & New York Courts Still Agree on Treatment Among Undersecured Creditors
Post-petition interest accruals aren’t counted in figuring distributions among undersecured creditors with liens on the same collateral.
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Federal Common Law of Constructive Trust Works When State Law Won’t
Delaware judge shows sympathy for a creditor being stiffed by the debtor.
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Delaware Judge Nixes the Notion of Implied Assumption of Executory Contracts
An asset purchaser cannot escape liability for appropriating the benefits of a contract that was not assumed and assigned.
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