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  • Bayard, P.A.
May 25, 2018

Judge Silverstein Holds that Adversary Proceeding is Essentially a Proof of Claim Objection that Should Proceed in Bankruptcy Court

On May 21,2018, Judge Laurie Silverstein of the Delaware Bankruptcy Court issued an order and opinion holding that a post-confirmation complaint by a successor to a debtor was, at its heart, an objection to a proof of claim and denying a motion to dismiss the complaint or, in the alternative, to abstain from hearing  or otherwise transfer the proceeding to a court in New York.  See Penson Technologies LLC v. Schonfeld Group Holdings LLC, Adv. No. 16-51522(LSS).

A copy of the opinion can be found here.