Judge Walsh Provides Analysis of Stern v. Marshall in DBSI Opinion
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Third Circuit Opinion Creates Precedent Important for Secured Creditors
The Third Circuit released a precedential opinion on May 14, 2012 that can greatly impact bankruptcy debtors attempting to reorganize as well as their secured creditors. A copy of the opinion is available here (the "Opinion") . Because Fox ... Read full article
Decision in Ultimate Acquisition Grants Motion to Dismiss, But Also Grants Leave to Amend the Preference Complaint
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Ruling Confirms that Judicial Liens are Dischargeable in Chapter 7
Summary In an opinion issued March 16, 2012, Judge Sontchi of the Delaware Bankruptcy Court ruled that unpaid debts subject to a judicial lien are dischargeable in bankruptcy. Judge Sontchi’s opinion is available here (the “Opinion”) . The Opinion, like ... Read full article
Opinion Issued in Carolina Fluid Handling
On March 14, 2012, Judge Sontchi of the Delaware Bankruptcy Court issued an opinion in the Carolina Fluid Handling Intermediate Holding Corp. bankruptcy case. When a Fox Rothschild client is (or could be) affected by a ruling, rather than summarize the ... Read full article
Consistency - A Hallmark of the Delaware Bankruptcy Court
In a 17 page decision entered March 9, 2012, Judge Carey of the Delaware Bankruptcy Court granted a motion for relief from the Bankruptcy Code’s automatic stay to allow an undersecured creditor to exercise its remedies against a debtor’s collateral. A ... Read full article
Dirt-for-Debt, or Just Dirt: Judge Carey's Latest Decision in All Land Investments, LLC
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Decision in AE Liquidation, Inc. Allows Preference Complaint to be Amended After the Expiration of the Statute of Limitations
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Decision in Washington Mutual, Inc. Holds that Litigation Tracking Warrants are Equity Instruments
Summary In a 32 page decision signed January 3, 2012, Judge Walrath of the Delaware Bankruptcy Court ruled that holders of litigation tracking warrants that would be paid out in stock of the debtor were equity instruments, and would be paid out at the ... Read full article
Decision in Sierra Concrete Design, Inc. Provides a Thorough Explanation of the Principles Behind Bankruptcy's Preference Laws
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Decision in Everything But Water, LLC Requires Preference Claimants to Identify Transferees Specifically in Granting Motion to Dismiss
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Decision in Visteon Walks Through Analysis of Improper Venue and Venue Transfer Decisions
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Fruehauf Opinion Illustrates that Despite a Preference to Allow Amendment of Pleadings, Courts Won't Always Allow Amendment
Summary In a 23 page decision signed July 15, 2011, Judge Walsh of the Delaware Bankruptcy Court denied a motion to allow a plaintiff to file an amended complaint, holding that the amended complaint was too deficient to survive a motion to dismiss and ... Read full article
Stern v. Marshall: Effects on Delaware
On June 23, 2011, the Supreme Court issued a ruling that has sent waves through bankruptcy courts across the nation. Stern v. Marshall , 131 S.Ct. 2594 (2011), is the latest opinion in a long running dispute between the estate of Vickie Lynn Marshall, ... Read full article
SemCrude Decision Delineates the Process for Analyzing Motions for Continuance vs. Motions for Summary Judgment
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Decision in Visteon Walks Through Analysis of Improper Venue and Venue Transfer Decisions
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Stern v. Marshall: Effects on Delaware
On June 23, 2011, the Supreme Court issued a ruling that has sent waves through bankruptcy courts across the nation. Stern v. Marshall , 131 S.Ct. 2594 (2011), is the latest opinion in a long running dispute between the estate of Vickie Lynn Marshall, ... Read full article
Decision in Everything But Water, LLC Requires Preference Claimants to Identify Transferees Specifically in Granting Motion to Dismiss
Summary ... Read full article
SemCrude Decision Delineates the Process for Analyzing Motions for Continuance vs. Motions for Summary Judgment
Summary ... Read full article
Fruehauf Opinion Illustrates that Despite a Preference to Allow Amendment of Pleadings, Courts Won't Always Allow Amendment
Summary In a 23 page decision signed July 15, 2011, Judge Walsh of the Delaware Bankruptcy Court denied a motion to allow a plaintiff to file an amended complaint, holding that the amended complaint was too deficient to survive a motion to dismiss and ... Read full article