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June 14, 2023 | Delaware Business Court Insider

Guidance on Drafting Proxies Under Delaware Law

A recent opinion from the U.S. Bankruptcy Court for the District of Delaware, In re CII Parent, provides helpful guidance on drafting proxies and highlights potential pitfalls for the unwary, including in relation to the proxyholder's power to execute and deliver stockholder consents.
7 minute read
June 09, 2023 | Delaware Business Court Insider

'They Could Be Penalized': FTX Bankruptcy to Remain in Delaware Control With Customer Names Sealed

U.S. Bankruptcy Judge John T. Dorsey of the District of Delaware said at the end of a hearing Friday that the decision is consistent with his goal of prioritizing creditors as the Chapter 11 process continues.
3 minute read
June 08, 2023 | Delaware Business Court Insider

FTX Liquidators Say US Bankruptcy Court Needs to Work Alongside Bahamas in Weighing Assets

Liquidators said ssues with identifying FTX assets are governed by the laws of the Bahamas, England, and Antigua and Barbuda, and need to be addressed before the company is wound down.
3 minute read
May 24, 2023 | Delaware Business Court Insider

Corporate Bankruptcies and the Restructuring Solution

Recent, big-name Chapter 11 filings have brought to the light the importance of insurance solutions for companies in financial distress, as companies in this situation face oftentimes new and uncharted issues.
5 minute read
May 19, 2023 | Delaware Business Court Insider

More Retail Filings in Focus: Bed Bath & Beyond, David's Bridal and Christmas Tree Shops

This issue of the Bankruptcy Update focuses on recent filings by Bed Bath & Beyond, David's Bridal and Christmas Tree Shops as the wave of retail sector bankruptcies intensifies.
5 minute read
Law Journal Press | Digital Book Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner View this Book

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May 03, 2023 | Delaware Business Court Insider

COVID Moratoriums and Stimulus Push Debtstoppers Into Chapter 11

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.
3 minute read
May 03, 2023 | Delaware Business Court Insider

Del. Bankruptcy Court Provides Important Guidance on Pleading Standard Applicable to Recent Addition to Section 547(b) of the Bankruptcy Code

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.
6 minute read
May 01, 2023 | Delaware Business Court Insider

Broad-Based Insolvency Looms Following Spring Bankruptcy Boom

Corporate restructurings are on the rise among companies that were either hobbled or bolstered by the pandemic.
5 minute read
April 25, 2023 | Delaware Business Court Insider

Fifth Circuit Recognizes Finality of Bankruptcy Sale Orders

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.
13 minute read
April 18, 2023 | Delaware Business Court Insider

'A Whole New World': Judge Hears All-Day Arguments About Talc Bankruptcy's Stay

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.
4 minute read

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