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A preference reference: common issues that arise in Delaware preference litigation

Fox Rothschild LLP
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USA
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July 23 2012

Under Chapter 5 of the Bankruptcy Code, a trustee, debtor or assignee of the debtor may recover payments made by the debtor during the ninety days prior to the commencement of a bankruptcy proceeding

Decision in ultimate acquisition grants motion to dismiss, but also grants leave to amend the preference complaint

Fox Rothschild LLP
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USA
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May 1 2012

In a straight-forward 9 page decision signed May 1, 2012, Judge Walrath of the Delaware Bankruptcy Court granted a defendant’s motion to dismiss a preference complaint, but granted the plaintiff leave to amend

Ruling confirms that judicial liens are dischargeable in Chapter 7

Fox Rothschild LLP
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USA
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March 16 2012

In an opinion issued March 16, 2012, Judge Sontchi of the Delaware Bankruptcy Court ruled that unpaid debts subject to a judicial lien are dischargeable in bankruptcy

Consistency - a hallmark of the Delaware Bankruptcy Court

Fox Rothschild LLP
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USA
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March 15 2012

In a 17-page decision entered March 9, 2012, Judge Carey of the Delaware Bankruptcy Court granted a motion for relief from the Bankruptcy Code’s automatic stay to allow an undersecured creditor to exercise its remedies against a debtor’s collateral

Dirt-for-debt, or just dirt: Judge Carey's latest decision in All Land Investments, LLC

Fox Rothschild LLP
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USA
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March 15 2012

In a 28 page decision dated March 9, 2012, Judge Carey of the Delaware Bankruptcy Court denied confirmation of a debtor’s plan and granted the motion to lift the automatic stay filed by a creditor with a lien against a majority of the debtor’s assets

Decision in AE Liquidation, Inc allows preference complaint to be amended after the expiration of the statute of limitations

Fox Rothschild LLP
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USA
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February 23 2012

In an 8-page decision signed January 6, 2012, Judge Walrath of the Delaware Bankruptcy Court allowed a plaintiff to amend a preference complaint to include additional transfers, even though the statute of limitations had expired

Decision in Washington Mutual, Inc. holds that litigation tracking warrants are equity instruments

Fox Rothschild LLP
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USA
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February 23 2012

In a 32 page decision signed January 3, 2012, Judge Walrath of the Delaware Bankruptcy Court ruled that holders of litigation tracking warrants that would be paid out in stock of the debtor were equity instruments, and would be paid out at the same priority as common equity under the bankruptcy plan

Washington Mutual's plan of reorganization has been confirmed

Fox Rothschild LLP
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USA
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February 17 2012

At approximately 10:15 this morning, Judge Walrath of the Delaware Bankruptcy Court made an oral ruling confirming Washington Mutual's chapter 11 plan of reorganization

Decision in Sierra Concrete Design, Inc. provides a thorough explanation of the principles behind bankruptcy's preference laws

Fox Rothschild LLP
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USA
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January 16 2012

In an opinion issued January 4, 2012, Judge Sontchi of the Delaware Bankruptcy Court provided an easy to follow primer in preference law in the course of granting in part and denying in part a preference defendant’s motion for summary judgment

Decision in Visteon walks through analysis of improper venue and venue transfer decisions

Fox Rothschild LLP
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USA
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November 14 2011

In a very easy to follow opinion issued October 21, 2011, Judge Sontchi of the Delaware Bankruptcy Court denied a motion to dismiss an avoidance action for improper venue or, in the alternative, to transfer venue of the action