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The Delaware Bankruptcy Insider is a premier blog designed to bring its readers a comprehensive analysis of the latest Delaware corporate bankruptcy news and rulings.  Brought to you by Ashby & Geddes, P.A.

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Ricardo Palacio, Esq.
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The Insider’s Scoop: Caesars Moving from Delaware to the Northern District of Illinois

In re Caesars Entm’t Operating Co., Case No. 15-10047 (KG) (Bankr. D. Del. Jan. 28, 2015)

On January 28, 2015, in a bench ruling and Order to be followed by a written Opinion, the Honorable Kevin Gross ruled that the voluntary chapter 11 bankruptcy proceeding of Caesars Entertainment Operating Company, Inc. (“CEOC”), that was currently pending but stayed in the United States Bankruptcy Court for the Northern District… Read More

Despite German Decisional and Statutory Authority, Bankruptcy Court Must Still Review Debtorʼs Professional Fees for Reasonableness

In re Solar Trust of America, LLC, No. 12-11136 (KG) (Bankr. D. Del. Jan. 12, 2015)

In this Memorandum Opinion issued by the Honorable Kevin Gross in the chapter 11 cases of Solar Trust of America, LLC (“STA”) and its affiliated debtors, the Delaware Bankruptcy Court determined that a post-petition decision of a German appellate court violated the automatic stay and thus, was void as a matter of law.  Despite contrary arguments, the Court did not find the issuance of the decision ministerial—a usual exception to the automatic stay—not only because the ruling was issued by a judge but… Read More

Retained Under Bankruptcy Code Section 328(a)? Good Luck With Your Fee Enhancement

In re FAH Liquidating Corp. (f/k/a Fisker Automotive Holdings, Inc.), No. 13-13087 (KG) (Bankr. D. Del. Jan. 21, 2015)

In this Opinion out of the successful, but not extraordinarily successful, Fisker Automotive Holdings, Inc. bankruptcy case, Judge Gross denied a request made by the professionals of the Official Committee of Unsecured Creditors (the “Professionals”) for a fee enhancement aggregating nearly $2.5 million, an amount more than 50% of their total fees previously approved and paid under section 328(a).  The Court’s Opinion can be summed up in just three sentences:  “The Court is disinclined to award fee enhancements in cases… Read More

Can A Publication Notice Satisfy Due Process For “An Entire Class Of Claimants That Are So Unknown As To Be Unknown Even To Themselves”?

In re Energy Future Holdings Corp., No. 14-10979 (CSS), 2015 WL 77416 (Bankr. D. Del. Jan. 7, 2015)

In the chapter 11 proceedings of Energy Future Holdings Corp. and its affiliated debtors (the “Debtors”) pending before the Delaware Bankruptcy Court, the Court was asked to establish a bar date for “claims of unknown persons that have yet to manifest any sign of illness from exposure to asbestos” (the “Unmanifested Claims” or the “Unmanifested Claimants”) so that the Debtors and parties participating in the ongoing marketing process of the Debtors could understand the extent and nature… Read More