Delaware Business Court Insider
By Dan Roe | May 3, 2023
COVID-era pauses on evictions and moratoriums ultimately brought Chicago's largest consumer bankruptcy firm to a Delaware court for its own Chapter 11 filing.
Delaware Business Court Insider | Commentary
By Mark E. Felger and Simon E. Fraser | May 3, 2023
The Delaware bankruptcy court ruled that a plaintiff need not explicitly plead its "due diligence" in investigating its preference cause of action. Rather, a general allegation under Federal Rule of Civil Procedure 9(c) that "all conditions precedent have occurred" suffices.
Delaware Business Court Insider
By Dan Roe | May 1, 2023
Corporate restructurings are on the rise among companies that were either hobbled or bolstered by the pandemic.
By Corinne Ball | April 25, 2023
Fifth Circuit lauds bankruptcy courts, pointing to the importance of finality for bankruptcy sale orders and the damaging impact of COVID-19 on the debtor's business, to affirm good faith purchaser status of an affiliated purchaser.
Delaware Business Court Insider
By Amanda Bronstad | April 18, 2023
On Tuesday, U.S. Bankruptcy Chief Judge Michael Kaplan heard more than eight hours of arguments on whether the automatic stay in this month's talcum powder bankruptcy filing should halt trials against Johnson & Johnson.
Delaware Business Court Insider
By Amanda Bronstad | April 14, 2023
The trust alleged the board of directors failed in their oversight of Insys executives, who engaged in off-label marketing of its fentanyl spray, called Subsys, and paid bribes and kickbacks to doctors.
Delaware Business Court Insider | News
By Ellen Bardash | April 10, 2023
The report enumerates FTX's internal shortcomings identified in the past five months, from sloppy accounting to leaving hundreds of millions of dollars in easily accessible storage.
Delaware Business Court Insider | News
By Ellen Bardash | March 28, 2023
The District of Delaware decision allows the largest sexual abuse settlement in U.S. history to proceed with distribution, including $2.46 billion already available and potentially another $4 billion from BSA insurers who haven't settled and assets that haven't been liquidated.
The Legal Intelligencer | Commentary
By Lawrence J. Kotler and Geoffrey A. Heaton | March 27, 2023
In a recently published decision, In re Masingale, 644 B.R. 530 (9th Cir. BAP 2022), the U.S. Bankruptcy Appellate Panel for the U.S. Court of Appeals for the Ninth Circuit (the BAP) held that in the absence of a timely objection, debtors who claimed a homestead exemption of "100% of FMV" in their residence had a valid exemption claim for the full fair market value of the property, including post-petition appreciation.
Delaware Business Court Insider | News
By Ellen Bardash | March 20, 2023
A complaint in the global Chapter 11 case was filed Sunday by Sullivan & Cromwell and Landis, Rath & Cobb attorneys "in response to serial threats" to relocate the case.
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