No Pleading Around the ‘Due Diligence’ Requirement for a Preference Complaint
Delaware’s Bankruptcy Judge Horan gives examples of preference complaints that adequately plead performance of due diligence.
Ritzen and Bullard Didn’t Change the ‘Pragmatic Approach’ to Bankruptcy Finality
Under binding circuit precedent, a Delaware district judge ruled that an order denying a motion to dismiss a chapter 11 case is final and appealable.
Delaware District Judge Says: Don’t Use ‘Nunc Pro Tunc’ When You Mean ‘Retroactive’
Submitting a retention order with the wrong word resulted in a pivotal issue on appeal.
Dependence on Parental Financial Assistance Meant Student Loans Were Dischargeable
The opinion by Judge Silverstein contains numerous sound bites for judges and debtors aiming to discharge student loans owed by individuals living in desperate circumstances.
Bar Date Notice by Email Is Insufficient, Delaware’s Judge Goldblatt Says
Notice by email may satisfy due process but doesn’t comply with notice by ‘mail’ under Bankruptcy Rule 2002.
Issue and Claim Preclusion Didn’t Bar Challenging a Lien Previously Considered Valid
Newly applicable law permitted a chapter 13 debtor to cram down a lien that the debtor previously had considered to be valid.
Reading Stern Narrowly, Delaware Judge to Issue Final Order in Fraudulent Transfer Suit
Judge Sontchi declines to rule that 28 U.S.C. § 157 is unconstitutional by denominating fraudulent transfer suits as ‘core’ proceedings.
Bankruptcy Court Can Rule on Personal Injury Claim with Creditor’s Implied Consent
Supreme Court held that Section 157(b)(5) is not jurisdictional, Delaware district judge says.
Bankruptcy Powers Do Not Override Congressionally Mandated Internet Confidentiality
Third party’s emails are immune from discovery in bankruptcy, Judge Sontchi rules.
Arbitration Agreements Held Unenforceable in WARN Act Litigation
Delaware’s Judge Shannon protects workers’ rights, disagreeing with some circuit courts.