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Delaware Bankruptcy Court Issues Revised Local Rules, Effective February 1, 2022

On February 1, 2022, the United States Bankruptcy Court for the District of Delaware issued revised Local Rules.  The revisions were concentrated primarily in two...

Judge Dorsey (Bankr. D. Del.) Holds that an Order Authorizing Payment of Prepetition Customer Obligations Does Not Preclude a Liquidating Trustee from Asserting a Preference Action

Written by Gregory J. Flasser On June 10, 2019, Insys Therapeutics, Inc. and its affiliated debtors (collectively, the “Debtors”) filed petitions for relief under Chapter...

Delaware Bankruptcy Court Finds That Waiver by Debtor in DIP Financing Order Prevents Chapter 7 Trustee From Pursuing Fraudulent Transfer Claims in Place of the Creditor’s Committee

Written by: Steve D. Adler On May 5, 2021, Delaware Bankruptcy Court Judge Brendan Shannon issued an opinion in Official Comm. Of Unsecured Creditors ex...

Judge Shannon (Bankr. D. Del.) Holds that a Junior Secured Creditor Was Bound by the Terms of its Prepetition Intercreditor Agreement Barring it from Proceeds “Carved-Out” in an Agreement Between the Trustee and Senior Secured Creditor

Written by: Gregory J. Flasser  On May 29, 2009, Consolidated Bedding, Inc. and its affiliated debtors (collectively, the “Debtors”) filed a petition for relief under...

Judge Shannon (Bankr. D. Del.) Limits Claim Filed by Indenture Trustee for Post-Confirmation Fees to $3 Million for Reimbursement of Professional Fees that were Actually Incurred

Written by: Gregory J. Flasser In the latest opinion in the saga of the Tribune bankruptcy, Judge Shannon ruled that due to the language of...

Delaware Bankruptcy Court Denies “Offensive” and “Reprehensible” U.S. Trustee Fees in the Paragon Case

Written by: Steven D. Adler On June 29, 2021, Delaware Bankruptcy Court Judge Christopher S. Sontchi issued a letter opinion in Paragon Offshore, PLC, Case...

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