Delaware Bankruptcy Insider:
Be In The Know
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.
Subscribe to RSS
Blog Contributors
Follow Us On LinkedinTopics
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
- Uncategorized
- United States Supreme Court
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
HELPFUL LINKS
For more information
District Court Denies Motion To Withdraw the Reference In Nortel, May Consider Renewed Motion At A Later Time
SNMP Research Int’l, Inc. v. Nortel Networks, Inc. (In re Nortel Networks, Inc.), No. 15-449 (LPS), 2015 WL 5275966 (D. Del. Sept. 9, 2015)
Chief Judge Stark of the District Court of Delaware recently denied a motion to withdraw the reference of an adversary proceeding in the cross-border bankruptcy case of In re Nortel Networks, Inc. The Court held that due to the infancy of the proceeding and the Bankruptcy Court’s familiarity with the issues, the Bankruptcy Court would be better suited to preside over the proceeding until, if ever, a jury trial becomes necessary.
SNMP Research Int’l Inc. (“SNMP”), a creditor… Read More
A Simple Example: Withdrawal Of The Reference Denied By Delaware District Court Despite Federal RICO Claim
Barry v. Santander Bank, N.A. (In re Liberty State Benefits of Delaware Inc.), Civ. No. 14-677-LPS (D. Del. Mar. 12, 2015)
On March 12, 2015, Chief Judge Stark of Delaware’s District Court denied the request of defendant Santander Bank, N.A. (the “Defendant”) to withdraw the reference, rejecting Defendant’s arguments for mandatory and permissive withdrawal. Richard Barry, the chapter 11 trustee of the debtor (the “Plaintiff”), alleged in the complaint almost entirely non-bankruptcy causes of action, including violations of the federal Racketeering Influenced and Corrupt Organization Act (“RICO”)—the sole basis for the Defendant’s mandatory withdrawal request. Ultimately, the Court found,… Read More