Recently, in RC JRV Trust v. Barnes & Thornburg (In re JRV Group USA), No. 19-11095 (KBO), 2022 WL 3646288, at *1 (D. Del. Aug. 24, 2022), the U.S. District Court for the District of Delaware granted, in part, a motion for leave to appeal an interlocutory order of the U.S. Bankruptcy Court for the District of Delaware filed by the defendant, Barnes & Thornburg.

The Bankruptcy Court’s order that was at issue in RC JRV Trust (the order) denied, without prejudice, the defendant’s motion to dismiss the adversary complaint filed by the liquidation trustee for the liquidation trust established in the bankruptcy case. The order also granted the liquidation trustee an extension of time to effectuate service of process in accordance with Rule 4 of the Federal Rules of Civil Procedure, as made applicable to the adversary proceeding by Rule 7004 of the Federal Rules of Bankruptcy Procedure, even though the deadline to effectuate service had expired.