About This Blog
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.
Judges and Courts
- Delaware Court of Chancery
- Delaware District Court
- Delaware Supreme Court
- Judge Brendan L. Shannon
- Judge Christopher S. Sontchi
- Judge Kevin Gross
- Judge Kevin J. Carey
- Judge Laurie Selber Silverstein
- Judge Mary F. Walrath
- Judge Peter J. Walsh
- Third Circuit Court of Appeals
- United States Supreme Court
- Security Interest Determined as of the Date of Petition, Not the Transaction, for Purposes of Stating a Preference Claim Under Section 547(b)(5)
- Lease Profit Sharing Provisions Held Per Se Unenforceable Under 11 U.S.C. § 365(f)(1)
- A Third Circuit Analysis of Fiduciary Duties in the Face of Bankruptcy
We’re back! Thank you for your patience while the Delaware Bankruptcy Insider worked behind the scenes to address website matters. While not all of the issues are completely resolved, the Insider will re-start blogging and bring to you its analysis regarding some recent Supreme Court rulings. It will also analyze the other important rulings from the Delaware District Court and Delaware Bankruptcy Court that have been made over the last few months. Thanks again for your patience and loyalty.
Hi loyal Delaware Bankruptcy Insider readers! For the next month, our blog will be transitioning to a new web host. During this time, please pardon our appearance and any issues that may arise when trying to access documents and links embedded in our posts. If you are unable to access any documents or links (or if any other issues arise), please do not hesitate to contact Karen B. Owens at email@example.com. Thanks!
The Bankruptcy Court for the District of Delaware’s Local Rules for 2017 went effective today, February 1, 2017. A copy of the 2017 Local Rules can be found here and a redline of the 2017 Local Rules against the 2016 Local Rules can be found here.
This year, the Court is clearly emphasizing cross-border bankruptcy cases. Not only have the Local Rules been revised where appropriate to incorporate references to “chapter 15 cases” and “foreign representative(s)”, the Court has also fashioned a new rule—Local Rule 9029-2, setting forth the “Guidelines for Communication and Cooperation Between Courts in… Read More
On August 1, 2016, the newly amended Local Rules of Civil Practice and Procedure of the United States District Court for the District of Delaware will go into effect. Of particular importance to bankruptcy practitioners, the Delaware District Court has made it clear through the local rule amendments that bankruptcy appeals are not subject to Local Rules 7.1.2 (setting forth, among other things, the timetable for motion practice), 7.1.3 (prescribing the form and contents of briefing and appendices filed with the Delaware District Court), 7.1.4 (governing oral argument), and 7.1.5 (governing reargument requests). Rather those subject areas are governed… Read More
The Bankruptcy Court for the District of Delaware’s Local Rules for 2016 went effective February 1, 2016. A copy of the 2016 Local Rules can be found here and a redline of the 2016 Local Rules against the 2015 Local Rules can be found here.
Of particular note, the Court instituted a formal rule regarding special and emergency hearings in Chapter 11 cases, providing that a party in interest may request a special or emergency hearing by promptly filing a notice of the hearing on the docket and specifying the discrete issue(s) before the Court. See DEL. BANKR. L.R. 2002-1(a)(ii). … Read More
At the first Bench and Bar meeting held for the 2015-2016 year, Chief Judge Shannon announced that Jeremy Ryan, a partner practicing with the restructuring, bankruptcy, and creditors’ rights group of the Delaware law firm of Potter Anderson & Corroon LLP, has been selected by the Delaware Bankruptcy Court as its ombudsman. Practitioners are encouraged to first contact the Court with questions and concerns regarding a particular matter, but should feel free to contact Mr. Ryan as well. Mr. Ryan’s contact information may be found here.
The Bankruptcy Court for the District of Delaware’s Local Rules for 2015 went effective February 1, 2015. A copy of the 2015 Local Rules can be found here and a redline of the 2015 Local Rules against the 2014 Local Rules can be found here.
Of particular note, the procedures for filing documents under seal have been altered. Previously, counsel filed a blank cover sheet electronically, indicating a document to be filed under seal and then sent a hard-copy of the sealed document directly to chambers. Under the new procedures, the proposed sealed documents must be filed on… Read More
The Office of the Circuit Executive for the United States Third Circuit announced today that Laurie Selber Silverstein, Esq., of Potter Anderson Corroon LLP, has been tentatively selected to fill Judge Walsh’s vacant seat on the Delaware Bankruptcy Court following His Honor’s retirement at the end of this year. Ms. Silverstein currently heads the Bankruptcy and Corporate Restructuring practice of Potter Anderson and has over 27 years of experience in the field.
Pursuant to the Delaware District Court’s October 2, 2014 Standing Order, all electronic transmissions of documents (including, but not limited to, motions, briefs, appendices, and discovery responses) must be completed by 6:00 p.m. (Eastern time) in order to be considered timely filed and served that day. Notwithstanding the foregoing, all electronic transmissions of initial pleadings must be completed prior to midnight Eastern time in order to be considered timely filed that day. Please refer to the Standing Order and the Court’s Revised Administrative Procedures Governing Filing and Service by Electronic Means for additional information.
The Honorable Peter J. Walsh of the Bankruptcy Court for the District of Delaware Announces Retirement
In a short statement posted on the Bankruptcy Court’s website today, it was announced that effective January 1, 2015 Judge Walsh will step down from the bench after almost twenty-two years of service.