Third Circuit Narrowly Interprets Delaware Fraudulent Transfer Law
Venezuela let off the hook for expropriating assets.
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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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Third Circuit Explains When Sale Orders Are Not Automatically Moot
Section 363(m) allows an appeal if the remedy won’t upset the sale itself, Third Circuit says.
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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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Constructive Eviction Is Ok to Protect Estate Property, Even Without a Court Order
Third Circuit gives immunity to a trustee for unilateral action protecting estate property.
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Delaware Judge Narrows Jevic to Prohibit Only End-of-Case Priority Skipping
Priority skipping permitted as part of final approval of DIP financing.
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