To Establish Record Dates, the Plan Applies, Not Securities Regulations
Established practice governing distributions is upheld in Delaware district court.
Court:
Narrow Arbitration Clause Loses the Presumption of Arbitrability
Bankruptcy judge to interpret the contract before arbitrators calculate the result.
Court:
Treatment of Equally Ranked Undersecured Creditors Is Ready for Appeal in Delaware
Judge Sontchi sticks by his 2016 decision in the Energy Future reorganization.
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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.
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Indenture Trustee’s Counsel Fees Are Measured by a Different Standard
Indenture trustee’s fees to defend fees are compensable despite Baker Botts.
Court:
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.
Court:
‘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.
Court:
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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