Delaware Judge Disregards Committee Fee Cap if a Chapter 11 Plan Is Confirmed
Standard carveout only limits committee counsel fees if no chapter 11 plan is confirmed.
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Impending Circuit Split on ‘Makewholes’ Prompts Rehearing Motion by Energy Future
Energy Future claims Third Circuit panel misinterpreted governing New York law.
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‘Close Nexus’ Test Not Always Applicable for Post-Confirmation Jurisdiction
Rule 2004 may be used after confirmation, even if the plan does not reserve jurisdiction.
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Insurance Companies Have Fewer Protections than Landlords and Aircraft Lessors
Absent special-interest legislation for bankruptcies, insurance companies remain in limbo.
Bankruptcy Powers Do Not Override Congressionally Mandated Internet Confidentiality
Third party’s emails are immune from discovery in bankruptcy, Judge Sontchi rules.
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Skeptical Delaware Judge Refuses to Confirm Reorg Plan
Cash outlays to junior creditors at confirmation sink chapter 11 plan.
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Third Circuit Splits with New York by Allowing Make-Whole Premiums in Chapter 11
Third Circuit says that New York bankruptcy court’s MPM decision was wrong.
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Identity of Asbestos Claimants Disclosed Only to ‘Ferret Out’ Fraud
Even aggregate information about asbestos claims cannot be used for lobbying.
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Fired Worker’s Entire Severance Claim Given Priority in Delaware by Judge Carey
Judge Carey distinguishes between administrative and priority claims for severance.
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Arbitration Agreements Held Unenforceable in WARN Act Litigation
Delaware’s Judge Shannon protects workers’ rights, disagreeing with some circuit courts.
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