Barry M Klayman

May 13, 2015 | Delaware Business Court Insider

In In re SS Body Armor I, Case No. 10-11255 (CSS) (Bankr. D. Del. April 1, 2015), U.S. Bankruptcy Judge Christopher Sontchi of the District of Delaware held the right of a stockholder to compel a debtor to hold an annual meeting for the purpose of electing a new board of directors continues during the pendency of a Chapter 11 proceeding, and the automatic stay does not apply to the exercise of that right.

By Barry M. Klayman and Mark E. Felger

5 minute read

May 13, 2015 | Delaware Business Court Insider

In, Case No. 10-11255 (CSS) (Bankr. D. Del. April 1, 2015), U.S. Bankruptcy Judge Christopher Sontchi of the District of Delaware held the right of a stockholder to compel a debtor to hold an annual meeting for the purpose of electing a new board of directors continues during the pendency of a Chapter 11 proceeding, and the automatic stay does not apply to the exercise of that right.

By Barry M. Klayman and Mark E. Felger

5 minute read

April 08, 2015 | Delaware Business Court Insider

In Carlyle Investment Management LLC v. Moonmouth, 779 F.3d 214 (3rd Cir. 2015), the U.S. Court of Appeals for the Third Circuit affirmed the judgment of the U.S. District Court for the District of Delaware remanding the case to state court pursuant to a forum selection clause in an agreement to which the appellant was not a signatory.

By Barry M. Klayman and Mark E. Felger

7 minute read

April 08, 2015 | Delaware Business Court Insider

In , 779 F.3d 214 (3rd Cir. 2015), the U.S. Court of Appeals for the Third Circuit affirmed the judgment of the U.S. District Court for the District of Delaware remanding the case to state court pursuant to a forum selection clause in an agreement to which the appellant was not a signatory.

By Barry M. Klayman and Mark E. Felger

7 minute read

March 10, 2015 | Delaware Business Court Insider

Delaware's borrowing statute provides that an action to enforce a cause of action that arises outside of Delaware cannot be brought in a Delaware court after the expiration of the applicable Delaware statute of limitations or the statute of limitations of the state or country where the cause of action arose, whichever is shorter.

By Barry M. Klayman and Mark E. Felger

7 minute read

March 10, 2015 | Delaware Business Court Insider

Delaware's borrowing statute provides that an action to enforce a cause of action that arises outside of Delaware cannot be brought in a Delaware court after the expiration of the applicable Delaware statute of limitations or the statute of limitations of the state or country where the cause of action arose, whichever is shorter.

By Barry M. Klayman and Mark E. Felger

7 minute read

February 10, 2015 | Delaware Business Court Insider

Are claims for breach of fiduciary duty and aiding and abetting breach of fiduciary duty against an officer and director of a debtor core proceedings under 28 U.S.C. Section 157(b)? Are such claims subject to trial by jury? In a recent decision by U.S. Bankruptcy Judge Christopher Sontchi of the District of Delaware, the court held that such claims were not core proceedings and were legal in nature, rather than equitable, such that they were amenable to a jury demand.

By Barry M. Klayman and Mark E. Felger

8 minute read

February 09, 2015 | Delaware Business Court Insider

Are claims for breach of fiduciary duty and aiding and abetting breach of fiduciary duty against an officer and director of a debtor core proceedings under 28 U.S.C. Section 157(b)? Are such claims subject to trial by jury? In a recent decision by U.S. Bankruptcy Judge Christopher Sontchi of the District of Delaware, the court held that such claims were not core proceedings and were legal in nature, rather than equitable, such that they were amenable to a jury demand.

By Barry M. Klayman and Mark E. Felger

8 minute read

January 14, 2015 | Delaware Business Court Insider

It is a common refrain when it comes to the treatment of third-party insurance policies in bankruptcy cases that the insurance policy is property of the estate, but the policy proceeds are not. A recent case addressed competing claims of a Chapter 7 trustee and the debtor's former defense counsel to third-party insurance proceeds.

By Barry M. Klayman and Mark E. Felger

7 minute read

January 14, 2015 | Delaware Business Court Insider

It is a common refrain when it comes to the treatment of third-party insurance policies in bankruptcy cases that the insurance policy is property of the estate, but the policy proceeds are not. A recent case addressed competing claims of a Chapter 7 trustee and the debtor's former defense counsel to third-party insurance proceeds.

By Barry M. Klayman and Mark E. Felger

7 minute read