Start Spreadin’ the News: California Court Says No to New York, New York; Rejects Forum Selection Clause


Sinatra may have found success in the city that never sleeps, but a California court has just made it more difficult for any party doing business with a California resident to do the same. At least, when it comes to resolving disputes without a jury in a New York courtroom, or in the courtroom of any other jurisdiction that enforces pre-dispute jury trial waivers. This case will be of major interest to commercial lenders, and other businesses, who prefer to use New York as their jurisdiction of choice for governing law and adjudicating disputes.


Telephonic Appearances Before Judge Gross Now Through CourtSolutions LLC


Effective January 2, 2017, all telephonic court appearances before the Honorable Kevin Gross of the United States Bankruptcy Court for the District of Delaware will be through CourtSolutions LLC.  The alert was issued by the Court today on November 30th.  Click here for a copy of the notice.


United States Trustee Meeting Room Change


According to the United States Bankruptcy Court for the District of Delaware’s website, the meeting room for the United States Trustees has been changed from the second floor room 2112 to the third floor room of 3209 in the J. Caleb Boggs Federal Building, 844 N King Street, Wilmington DE 19801. The change went effective October 4th, 2016.


Local Rules Comment Period


According to the United States Bankruptcy Court for the District of Delaware’s website, the Court has instituted an annual process to review and consider comments and revisions to its Local Rules.  See announcement here.  The comment period is October 1, 2016 through October 31, 2016.  All comments received will be considered by the Local Rules Committee. Revisions to the Local Rules will be effective February 1, 2017.


Delaware Bankruptcy Court Now on Twitter


The Delaware Bankruptcy Court announced recently that it is now on Twitter.  You can follow the Court and receive various updates here: https://twitter.com/USCourtsDEB.

Carl D. Neff is a partner with the law firm of Fox Rothschild LLP.  You can reach Carl at (302) 622-4272 or at [email protected]


Will Madden v Midland Disrupt Loan Sales and Platform Lending?


Where do marketplace lenders and secondary loan market participants find themselves on the issue of preemption of state usury laws after the June 27 denial of the petition for a writ of certiorari in Madden v. Midland by the U.S. Supreme Court?


It’s Not Goodbye; It’s ‘See You Later’


[wsj-responsive-image P="//si.wsj.net/public/resources/images/BN-OT702_outout_P_20160705121502.jpg" J="//si.wsj.net/public/resources/images/BN-OT702_outout_J_20160705121502.jpg" M="//si.wsj.net/public/resources/images/BN-OT702_outout_M_20160705121502.jpg" credit="Bloomberg News" placement="Inline" suppressEnlarge="false" ]


GoPro Competitor iON Files for Bankruptcy


Wearable camera maker iON Worldwide Inc., a competitor of GoPro, filed for bankruptcy. Read the Daily Bankruptcy Review article via The Wall Street Journal.


Hotel Company Founded by John Q. Hammons Enters Chapter 11


[wsj-responsive-image P="//si.wsj.net/public/resources/images/BN-OQ864_0626ha_P_20160626150922.jpg" J="//si.wsj.net/public/resources/images/BN-OQ864_0626ha_J_20160626150922.jpg" M="//si.wsj.net/public/resources/images/BN-OQ864_0626ha_M_20160626150922.jpg" caption="In a March 30, 2004, file photo, John Q. Hammons poses for a photo in his new 8,000 seat baseball stadium in Springfield, Mo. Hammons, a prominent hotel developer and southwest Missouri philanthropist, died May 26, 2013.