Insights from Fox Rothschild's National Bankruptcy Practice
Summary
In a 20 page decision signed July 1, 2011, Judge Shannon of the Delaware Bankruptcy Court partially granted a motion to dismiss, holding that the allegations of fraud in…
Continue Reading Delaware’s Choice-of-Law Analysis as Provided in a Decision in PMTS Liquidating Corp., Which Partially Granted a Motion to Dismiss
Summary
In an 11 page decision signed June 22, 2011, Judge Walsh of the Delaware Bankruptcy Court denied a motion to dismiss, holding that the Bankruptcy Court of the District…
Continue Reading Decision in DBSI Inc., Reminds Us that District Courts have Personal Jurisdiction Throughout the United States
Summary
In a 30 page opinion published June 1, 2011, Judge Walrath ruled that funds held in a “rabbi” trust in order to pay for a “top hat” plan are…
Continue Reading Decision in Washington Mutual, Inc. Holds That Funds Held in a “Rabbi” Trust For a “Top Hat” Plan are Property of the Estate
Summary
In an 11 page opinion published May 27, 2011, Judge Walsh granted a motion under F.R.C.P. 56(d) and quoted another opinion which says “where the facts are in possession…
Continue Reading Decision in DBSI Delays Motion for Summary Judgment
Summary
In an 11 page opinion published May 18, 2011, Judge Shannon ruled that, in the context of a motion to dismiss, the officer of a corporation, which is itself…
Continue Reading Decision in In Re: Donna K. Brady Holds: Officers Aren’t Contractors
Summary
In an opinion published May 20, 2011, Judge Walsh held that a settlement agreement which is rejected in a bankruptcy proceeding is “Core” and will be decided by the…
Continue Reading Decision in Point Blank Solutions Helps Define “Core” and “Non-Core”
Judge Carey released an order amending his Memorandum Opinion dated May 10, 2011 in the New Century TRS Holdings, Inc. bankruptcy. His previous opinion had misstated the amount of a…
Continue Reading Another Minor Fix to a Previous Opinion – New Century TRS Holdings, Inc.
Summary
In two separate decisions arising from adversary proceedings in the New Century TRS Holdings, Inc., et al. (the “Debtors”) bankruptcy, signed May 10, 2011, Judge Carey of the Delaware…
Continue Reading Multiple Decisions in New Century TRS Holdings, Inc., Hold: When You Settle a Claim, You Get What You Contract For
Summary
In a 10 page decision signed May 5, 2011, Judge Walsh of the Delaware Bankruptcy Court denied a motion to dismiss and held that the plaintiff Litigation Trustee satisfied…
Continue Reading Decision in DBSI Inc., Holds that the “Particularity” Requirement of F.R.C.P. 12(b)(6) and 9(b) was Satisfied, Notwithstanding the Number of Alleged Fraudulent Transfers
Summary
In a 5 page decision signed May 4, 2011, Judge Walsh of the Delaware Bankruptcy Court held that a proceeding initiated by a Debtor, seeking contribution relating to environmental…
Continue Reading Decision in NEC Holdings Corp., Holds Non-Debtor Environmental Liabilities to be Non-Core
