Denial of $21 Million in Fees for Boy Scouts Ad Hoc Committee Upheld on Appeal
Delaware district court rules that debtors and trustees alone have standing to propose spending estate money outside of the ‘ordinary course.’
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Applying Pressure on the Debtor Obviates the ‘Ordinary Course’ Defense to a Preference
The ‘ordinary course’ defense only applies to credit terms with healthy customers, not to debtors in financial distress, even if pressure is ordinary in the industry.
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Delaware Judge Writes a Treatise for Avoiding WARN Act Liability
Good faith and attention to detail should enable a failing business to avoid WARN Act liability.
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Bankruptcy Has No General Exception to an Automatic Stay After Denial of Arbitration
A Delaware bankruptcy judge says there could be circumstances when automatic stays will not be enforced after the court has denied a motion to compel arbitration.
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District Court Upholds Redaction of Customer Information in a Cryptocurrency Case
Prominent news organizations failed to overturn the redaction of customer information in a big cryptocurrency case.
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Standard Deviation Can’t Be the Only Test to Prove the ‘Ordinary Course’ Defense
District judge in Delaware says that expert testimony must establish whether standard deviation is a proper statistical test to prove the ‘ordinary course’ defense to a preference.
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Sufficiency of Preference and Fraudulent Transfer Complaints Described by Judge Goldblatt
To defeat motions to dismiss, preference and fraudulent transfer complaints need not contain all the information to be learned in discovery, Bankruptcy Judge Craig Goldblatt says.
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Judge Goldblatt Engrafts the Standing Rules from Truck Insurance onto Chapter 7
At least with regard to standing for objections to claims, Delaware’s Judge Craig Goldblatt believes that the Truck Insurance standard for chapter 11 also applies in chapter 7.
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Delaware Judge Sets the Standards for Nondebtor Releases Following Purdue
Nondebtor releases are valid whether the creditor votes for or against the plan, as long as notice to opt out was clear and conspicuous.
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The ‘Home Court’ Rule Does Not Apply in Chapter 15 Cases, District Judge Says
The Delaware district court affirmed Bankruptcy Judge Thomas Horan, who ruled that a creditor cannot sue a chapter 15 debtor in bankruptcy court on a prebankruptcy claim.
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