Delaware

To Establish Record Dates, the Plan Applies, Not Securities Regulations

Established practice governing distributions is upheld in Delaware district court.

Narrow Arbitration Clause Loses the Presumption of Arbitrability

Bankruptcy judge to interpret the contract before arbitrators calculate the result.

Treatment of Equally Ranked Undersecured Creditors Is Ready for Appeal in Delaware

Judge Sontchi sticks by his 2016 decision in the Energy Future reorganization.

Delaware District Judge Issues Important Opinion on Third-Party Releases

Bankruptcy courts can’t issue final orders approving third-party releases in chapter 11 plans.

Indenture Trustee’s Counsel Fees Are Measured by a Different Standard

Indenture trustee’s fees to defend fees are compensable despite Baker Botts.

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.

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