Opinions

The U.S. Bankruptcy Court for the District of Delaware held in a recent opinion that post-petition interest should be excluded from an unsecured creditor’s claim, as otherwise it would violate the plain meaning of Section 502(b)(2).  In the case of In re Energy Future Holdings Corp., et al., Case No. 14-10979 (CSS) (Bankr. D. Del. Oct.

On November 2, 2015, Judge Brendan L. Shannon walked a pair of litigants through the factors used in the Third Circuit to determine whether to grant a motion to transfer venue.  In the adversary proceeding Fred C. Caruso v. Fasig-Tipton Co. (In re: Revstone Industries), docketed as Adversary Case No. 14-50468, Judge Shannon issued a memorandum order (the “Opinion”) laying out, and walking the parties through, the twelve-factor test provided by the Third Circuit in Jumara v. State Farm Ins. Co., 55 F.3d 873 (3d Cir. 1995).

On September 29, 2015, Judge Laurie Selber Silverstein of the Delaware Bankruptcy Court ruled on the objection of a distribution trustee to payment of the bankruptcy debtor’s investment banker.  This opinion caught my eye as it is unusual for objections to fee applications to merit written opinions.  The “Opinion” is available here.

On September 14, 2015, the Third Circuit released a precedential opinion (the “Opinion”) which addressed payments from a buyer to non-debtor parties in a 363 sale.  The Third Circuit’s opinion is available here.  If you prefer the version of the Opinion published by Westlaw, it is ICL Holding Company, Inc., et al. v. United States, 2015 WL 5315604 (3d Cir. Sept. 14, 2015).

Summary

In a 13 page decision released September 3, 2015, Judge Gross of the Delaware Bankruptcy Court examined the results of Yellow Pages Photos, Inc. (“YPPI”) failing to disclose agreements that directly affected its claim against the Debtors.  Judge Gross’ opinion is available here (the “Opinion”).