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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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- 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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Vacant No More – Judge Walsh’s Successor Announced
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.
Lengthy Service Oversight Causes the Bankruptcy Court to Dismiss Preference Claims
Forman v. Mentor Graphics Corp. (In re Worldspace, Inc.), Adv. No. 10-53286 (PJW), (Bankr. D. Del. June 5, 2014)
On June 5, 2014, Judge Walsh granted a motion to dismiss filed by a preference defendant, holding that the amended complaint which added the defendant to the proceeding could not relate back to the date of the original complaint under Federal Rule of Civil Procedure 15(c)(1)(C) so as to avoid the expiration of the applicable statute of limitations. In rendering his decision, Judge Walsh found significant the plaintiff’s failure to properly serve the original defendant with five… Read More
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.
Federal False Claims Act Proof of Claim Disallowed
In re ATLS Acquisition, LLC, No. 13-10262 (PJW), 2014 WL 490931 (Bankr. D. Del. Feb. 6, 2014)
In this lengthy 71-page Opinion, Judge Walsh tackled the reverse claims provision of the Federal False Claims Act, see 31 U.S.C. § 3729(a)(7) (2006), infrequently opined upon by, or relevant to, the Delaware Bankruptcy Court. While the intricacies of the medical supply industry and its interconnectedness to the Federal government are interesting in their own right, the effects of this Opinion will not likely be wide reaching.
In short, former employees (the “Relators”) of Liberty Medical Supply,… Read More
Claimant Not Considered an “Employee” of the Debtor, Denied Administrative Claim for Severance
In re World Health Alternatives, Inc. et al., No. 06-10166 (PJW) (Bankr. D. Del. Jan. 14, 2014)
Despite a claimant’s assertion that he was entitled to an administrative expense claim against debtor World Health Alternatives, Inc. (“World Health“) for severance, the Court found, in this short letter 11 ruling, that the evidence did not support such a claim. The claimant relied upon an alleged verbal employment agreement with World Health as a basis for his claim. While the claimant testified that he worked for… Read More