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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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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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Third Circuit Upholds Voluntary Dismissal Order Challenged by Defendant
Carroll v. Prosser (In re Innovative Commn’c Corp.), No. 13-1324, 2014 WL 1979309 (3d Cir. May 16, 2014)
This Opinion issued by the Third Circuit on May 16, 2014 affirmed several orders of the District Court of the Virgin Islands relating to a fraudulent transfer action brought by the chapter 11 trustee of the Innovative Communication Corporation debtors (“ICC”) against Dawn Prosser. Ms. Prosser became the subject of the action following her receipt of ICC property transferred from her husband Jeffrey Prosser, the ultimate owner and sole member of ICC. Although a significant portion of the decision… Read More
Bankruptcy Court Permits Stipulated Dismissal Over Objection of Potential Intervenor
Tampa Port Auth. v. Taylor (In re Irish Bank Resolution Corp. Ltd.), No. 14-50084 (CSS), 2014 WL 1884916 (Bankr. D. Del. May 12, 2014)
In this Memorandum Order, the Honorable Christopher S. Sontchi allowed dismissal of an adversary proceeding by voluntary stipulation signed by the plaintiff and all defendants pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). The Court allowed the dismissal over the objection of Liberty Channelside, LLC (“Liberty”), which previously sought to intervene in the proceeding but had not yet been granted authority to do so.
By way of background, the adversary proceeding (the… Read More