Actual Damages Not Required to Recover Attorneys’ Fees for a Stay Violation
Judge Goldblatt slaps creditors with $665,000 in damages for violating the automatic stay.
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Judge Goldblatt on the Imputation of Fraudulent Intent to a Delaware Corporation
The fraudulent intent of an individual who controls a corporation can be imputed to the corporation itself, even if the board is unaware of fraud.
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It’s Ok for Lenders to ‘Manufacture’ a Favorable Venue, Delaware Judge Says
A Delaware opinion states that debtors can’t reincorporate to manufacture venue, but it’s permissible for lenders to do so.
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Bankruptcy Judge Hints: Third Circuit Precedent on Public Records May Be Too Broad
Delaware’s Judge Goldblatt seems to be recommending that the Third Circuit close a loophole in confidentiality agreements.
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Successorship Obligations Are Not Barred by Sales Free and Clear, Delaware D.J. Says
Neither a sale ‘free and clear’ nor rejection of a union contract bars enforcement of NLRA successorship obligations, Delaware district judge rules in reversing the bankruptcy court.
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Supreme Court Will Soon Grant or Deny ‘Cert’ to Rule on Refunds for UST Overpayments
The bankruptcy court in Delaware sided with four circuits by directing the U.S. Trustee to give refunds for overpayment of fees that were not uniform throughout the country.
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Contesting the Election of a ‘Permanent’ Trustee Is Compensable, Judge Goldblatt Says
Contesting the election of a chapter 7 trustee isn’t like defending a fee application, which Baker Botts held to be noncompensable.
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If Bankruptcy Occurs on the Eve of Trial, Is There ‘Cause’ to Modify the Stay?
Delaware’s Judge Craig Goldblatt makes a ‘common-sense judgment’ in deciding whether to allow a prepetition lawsuit to proceed in state court.
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Debtor’s Counsel Later Can Become Adverse to the Plan’s Liquidating Trust
Bankruptcy Judge Shannon says that the liquidating trust was not debtor’s counsel’s former client.
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Claim Isn’t Disallowed if the ‘Statute’ Lapses After the Claim Is Filed
Judge Goldblatt of Delaware wrote an opinion where the answer was self-evident but there was no authority on point.
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