Opinions

Decision in In re J. Silver Clothing, Inc., Holds that §547(c) "Substantially Contemporaneous" Transfers are not Governed by a Bright Line Rule under §547(e)

05/04/11

Summary

In a 28 page decision signed April 29, 2011, Judge Gross of the Delaware Bankruptcy Court determined that in order for a transfer to be considered “substantially contemporaneous” as used by Bankruptcy Code §547(c), it does not necessarily need to comply with the timing requirements of §547(e). Judge Gross’s opinion is available here (the “Opinion”). 

Background

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Judge Carey Reminds Us: In a Bankruptcy, Following the Proper Procedure Matters

04/18/11

Summary

In a 13 page decision signed, April 11, 2011, Judge Carey of the Delaware Bankruptcy Court granted a motion disallowing a creditor’s late-filed bankruptcy claim, and held that if there is no legal requirement that a party respond to an affidavit, a lack of response does not bind a party to that affidavit nor can it be considered an admission by that party.  Judge Carey’s opinion is available here.

Background

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