Retention of Jurisdiction Beats Out an Arbitration Agreement, Third Circuit Says
Court retains adjudicatory power unless the arbitration agreement applies to all disputes.
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Delaware District Judge Defines ‘Unfair Discrimination’ in Cramdown
A $30 million haircut is not ‘unfair discrimination’ to preclude cramming down a plan.
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Delaware’s Judge Sontchi Writes a Seminal Opinion on Sovereign Immunity
A bankruptcy court’s in rem jurisdiction overrides a claim of sovereign immunity.
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Bankruptcy Code Preempts State Law Invalidating KERPs, Delaware Judge Says
A waiver in a KERP is enforceable even if it violates state labor law, Judge Carey rules.
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Stern Held Inapplicable to Orders Denying Summary Judgment
Delaware district judge explains why Stern doesn’t confer the equivalent of an appeal from an interlocutory order.
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New Jevic Settlement Fails, Making Supreme Court’s Reversal More Costly
Unlike Rodney Dangerfield, Jevic workers get respect when Delaware judge rejects a new settlement they dislike.
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Accelerating Payments Defeats the ‘Ordinary Course’ Defense
Payments made after threats and demands are not eligible for the ‘ordinary course’ preference defense.
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Tax Sales Can Be Avoided as Preferences, New Jersey District Judge Rules
Not a true public sale, a tax foreclosure in New Jersey can be attacked as a preference without implicating concerns about federalism.
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Delaware & New York Courts Still Agree on Treatment Among Undersecured Creditors
Post-petition interest accruals aren’t counted in figuring distributions among undersecured creditors with liens on the same collateral.
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Federal Common Law of Constructive Trust Works When State Law Won’t
Delaware judge shows sympathy for a creditor being stiffed by the debtor.
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