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The Insider’s Scoop: Boomerang Tube is the Law in the Delaware Bankruptcy Court

In re Magnum Hunter Resources Corp., Case No. 15-12533 (KG) (Bankr. D. Del. Feb. 26, 2016)

In re Newbury Common Assocs., LLC, Case No. 15-12507 (LSS) (Bankr. D. Del. Feb. 29, 2016)

On February 26, 2016, the Honorable Kevin Gross of the Delaware Bankruptcy Court was asked to weigh in on the attorneys’ fees issue recently addressed in Judge Walrath’s Opinion in Boomerang Tube.  While not ruling on the issue, Judge Gross said that if he was asked to decide the issue, His Honor would be inclined to agree with his colleagues—a reference to not only Judge Walrath’s Opinion, but also Judge Sontchi and Judge Shannon’s letter rulings consistent therewith.  Additionally, on February 29, 2016, the Honorable Laurie Silverstein stated in Court that she agrees with and will follow Judge Walrath’s ruling.  With five of the six bankruptcy judges in Delaware weighing in on Judge Walrath’s decision, either formally or informally, it is clear that Boomerang Tube is now the law in this district.