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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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Judges and Courts
- Delaware Court of Chancery
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- Judge Kevin J. Carey
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Recent Posts
- Getting Noticed in the Digital Age: Delaware Bankruptcy Court Finds Email Notice Satisfies Due Process but Not Rule 2002
- Third Circuit Reversal Paves the Way For NextEra to Potentially Recover Administrative Expenses Incurred in Connection With Failed Merger
- Delaware District Court Disagrees with Bankruptcy Court’s Ruling and Holds That Committee’s Challenge Rights Survived Entry of the Sale Order and Consummation of Sale
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Lack of “Scientific Certainty” Does Not Excuse Late Filing of a Proof of Claim
In re W.R. Grace & Co., No. 01-1139 (KG) (Bankr. D. Del. Dec. 28, 2016)
In this Opinion involving the standards for determining whether a party held an asbestos claim and excusable neglect for filing a late claim, the Court rejected Plum Creek Timber Co.’s (the “Claimant”) argument that it lacked “scientific certainty” with respect to its asbestos-related claim against W.R. Grace & Co. (together with its affiliated debtors, the “Debtors”). Where the Claimant received actual and publication notice of the bar date in the case, the Court found the Claimant should have timely filed its claim even if… Read More
IRS Not Required to File Proof of Claim for Certain Taxes Arising From Employee Wages Earned Pre-petition But Paid Post-petition
In re Goody’s LLC, No. 09-10124 (CSS) (Bankr. D. Del. May 13, 2014)
A recent Opinion issued by Judge Sontchi analyzed a motion filed by the debtors in In re Goody’s LLC to enforce plan injunctions and determine liability for certain employment taxes. The issue in Goody’scentered on the post-petition payment of allowed pre-petition wage claims. The debtors withheld employment taxes (the “Withheld Amounts”) from the wage payments, filed requisite tax returns, deposited the Withheld Amounts with the Internal Revenue Service (the “IRS”), and requested the IRS to apply the Withheld Amounts to the employees’ federal income and Social… Read More
Third Circuit Extends and Applies Broad Definition of “Claim” Beyond Common Law Tort Actions
In re Ruitenberg, 745 F.3d 647 (3d Cir. 2014)
The Honorable Thomas L. Ambro penned this short Opinion, extending the holding of JELD-WEN, Inc. v. Van Brunt (In re Grossman’s), 607 F.3d 114 (3d Cir. 2010), outside the context of tort-related claims. In Grossman’s, the Third Circuit revisited the question of how to determine the existence of a claim. It abandoned the earlier and narrower “accrual test” set out in In re Frenville, 744 F.2d 332 (3d Cir. 1984), which focused on when a right to payment arose as determined by governing state law, for a broader test… Read More