Information on Corporate Bankruptcy Proceedings in Delaware and Throughout the United States
Holding: Article III permits bankruptcy judges to adjudicate Stern claims with the parties’ knowing and voluntary consent. Consent by parties also need not be in writing but can be determined through conduct.
In the recent United States Supreme Court decision of Wellness International Network v. Sharif, the High Court entered a very significant decision…
Any defendant to a bankruptcy adversary proceeding seeking to transfer venue of their case should read the recent opinion dated November 3, 2014, in which the Honorable Mary F. Walrath granted Defendant’s motion to transfer venue in the case styled as: IPC Int’l Corp. v. Milwaukee Golf Shopping Center LLC, et al. (In re IPC …
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 a contractor, is not also a contractor by virtue of her position within the corporation. Judge Shannon’s opinion is available here (the “Opinion”).
Background
Donna…
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 claims is non-core. Judge Walsh’s opinion is available here (the “Opinion”).
Background
NEC Holdings Corp. and related entities (the “Debtors”) filed for bankruptcy on…
