Gift Cards Denied Priority Status in Delaware, Contravening Prior Delaware Decision
Delaware’s Judge Kevin Gross declines to follow prior decision by visiting judge.
Court:
Preference May Be Offset by an Unpaid Administrative Claim, Judge Carey Rules
Automatic disallowance under Section 502(d) held not applicable to administrative claims.
Court:
Third Circuit Precludes WARN Act Liability for Acquirers in Typical LBOs
Common ownership and management aren’t enough to prove ‘single employer’ liability.
Court:
Class Claims Not Categorically Barred in Bankruptcy, Delaware Judge Rules
Failure to notice all class members was pivotal in permitting a class proof of claim.
Court:
Delaware’s Judge Gross Differs with Second Circuit on the Safe Harbor
Judge Gross finds Judge Gerber in Lyondell more persuasive than the Second Circuit in Tribune.
Court:
Plan Permitted to Stretch Out Redemption Payments Following a Tax Sale
Courts split on whether failure to redeem on time is fatal in a reorganization.
Complex Litigation Can Beat a Valid Forum Selection Clause
Enforcement of a forum selection clause is sometimes not mandatory, Delaware judge says.
Court:
Lender Can’t Use Corporate Structure to Waive a Company’s Right to File Bankruptcy
Delaware’s Judge Carey slams the door on waivers of the right to file chapter 11.
Court:
Each Third Party Release Must Be Economically Justified, District Judge Holds
Small case is making big Third Circuit law on confirmation of chapter 11 plans.
Court:
Did Segal v. Rochelle Survive Butner and Adoption of the Bankruptcy Code?
Courts use four approaches to harmonize Butner with Segal v. Rochelle.