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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Consumer Protection Claims by Governments Are Discharged in Chapter 11
Consumer protection claims brought by states are nondischargeable in chapter 11 only when the state has been the target of fraudulent representations.
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Bankruptcy Courts Aren’t ‘Courts’ and Don’t Have Power to Transfer
Don’t stretch bankruptcy jurisdiction when the statute of limitations is about to expire.
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Delaware District Judge Seemingly Splits with Second Circuit on the Safe Harbor
Delaware district and bankruptcy judges now disagree with the Second Circuit’s holding that the federal safe harbor preempts state fraudulent transfer law.
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No Punitive Damages Under Delaware Law to Remedy a Fraudulent Transfer
Choice of law isn’t an affirmative defense that can be waived, Judge Gross says.
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Fraudulent Transfer Claims Aren’t Capped by Creditors’ Losses
Delaware’s Judge Gross pens another controversial opinion in PAH Litigation Trust.
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Plan’s Interest Rate Held to Govern Tax Claims, Not the Rate in the IRS Code
‘Strained’ argument by the IRS about recoupment didn’t overcome terms of a confirmed plan.
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Inaccurate Disclosure Nixes a $275 Million Energy Future Breakup Fee Approved a Year Earlier
Breakup fee cannot be paid if the court or regulators disapprove a proposed sale.
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Bankruptcy Court Finds Constitutional Power to Grant Releases in Confirmation Orders
Delaware bankruptcy judge disagrees with district court on final adjudicatory power to include third-party releases in confirmation orders.
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