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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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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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Walking the Fine Line Between “Legitimate Zeal of Attorneys Representing their Client” and “Dilatory or Aggressive Litigation Practices” That May Lead to Sanctions
In re Prosser, No. 14-1633, 2015 WL 305523 (3d Cir. Jan. 26, 2015)
This precedential Opinion should serve as a warning to practitioners—a bankruptcy court can (and will) impose sanctions under 28 U.S.C. § 1927 for litigation tactics that rise to the level of bad faith. On appeal, the United States Court of Appeals for the Third Circuit (the “Third Circuit”) reversed an order entered by the District Court of the Virgin Islands (the “District Court”) vacating the imposition of sanctions by the District Court of the Virgin Islands, Division of St. Thomas and St. John, Bankruptcy Division (the… Read More