Opinions

The Challenge of Pro Se Litigants

03/03/15

In a fact-heavy 16 page opinion issued by Judge Shannon on March 2, 2015, we get a clear picture of the challenge faced by litigants when opposing aggressive pro-se litigants.  In Bishop v. Fannie Mae, Adv. Pro. No.

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Trump Wins Relief From Stay – No More Trump Casino in AC?

02/23/15

In a 21 page opinion (the “Opinion”) released February 20, 2015, in the Trump Entertainment Resorts, Inc bankruptcy (Case No.

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A Default is a Default, no Matter the Size?

02/01/15

In an 11 page opinion issued January 30, 2015 in the TPOP bankruptcy (13-11831), Judge Shannon held that GM did not lose the ability to enforce its contracted right to repayment just because the default was “immaterial” according to the Debtor.  The Opinion is available here.

Background

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Lessons from Chapter 13 – When is 8% Not Really 8%

01/23/15

In ruling on a very unfortunate situation (more on that below), Judge Shannon issued an opinion on July 24, 2014 in the Aro bankruptcy, holding that a state court decision concerning the validity of a lien cannot be challenged in Bankruptcy Court.  In the opinion in this case issued on January 22, 2015 (the “Opinion”), Judge Shannon analyzed the value of the lien and applicable interest rates.  The Opinion is available here.

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Capital Leases in Bankruptcies – A Lesson from Xchange Technology Group

01/03/15

In a  9-page opinion released December 30, 2014 in the Xchange Technology Group bankruptcy (Bank. D. Del.

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Liberty Brands Opinion – Preference Litigation and the Bankruptcy Court’s Constitutional Limits

12/27/14

In 6 pages of Findings of Fact and Conclusions of Law released December 19, 2014 in the Liberty Brands bankruptcy (Bank. D. Del. 09-50965), Judge Walrath’s ruling referenced Stern v. Marshall, 131 S.Ct.

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Conex Bankruptcy – Summary Judgment in a Preference Action

12/21/14

In an 18 page opinion released December 18, 2014 in the Conex Holdings bankruptcy (Bank. D. Del.

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Motions for Reconsideration – A Lesson from Worldspace

12/07/14

The efficient manner of speech which Judge Walsh employs during hearings shines through in this opinion released December 5, 2014 in the Worldspace bankruptcy (Bank. D. Del. 08-12412).  In 3-1/2 pages of his opinion, Judge Walsh explains the requirements of a motion for reconsideration and illustrates the weakness of the movant’s position.  Judge Walsh’s opinion is available here (the “Opinion”).

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You Don’t Get Three Strikes when Filing a Complaint – Lessons from Tropicana

11/28/14

In a 28 page opinion released November 25, 2014 in the Tropicana Entertainment bankruptcy (Bank. D. Del. 08-10856), Judge Carey of the Delaware Bankruptcy Court provided an opinion regarding a defendant’s motion to dismiss an amended complaint.

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