Mark E Felger

February 20, 2019 | Delaware Business Court Insider

In a recent case, Master in Chancery Patricia W. Griffin recommended that the Court of Chancery grant a creditor's motion for summary judgment and order the entry of personal and in rem judgments against its debtors based on a finding that the undisputed facts gave rise to an enforceable equitable mortgage.

By Barry M. Klayman and Mark E. Felger

6 minute read

January 16, 2019 | Delaware Business Court Insider

A recent opinion by Vice Chancellor Tamika Montgomery-Reeves illustrates the pitfalls in not specifically addressing the scope of “mutual general releases” when agreeing to settle litigation.

By Barry M. Klayman and Mark E. Felger

6 minute read

December 19, 2018 | Delaware Business Court Insider

In CapStack Nashville 3 v. MACC Venture Partners, Vice Chancellor Sam Glasscock III considered whether equity had jurisdiction to entertain a temporary restraining order that would have the effect of a prior restraint on speech.

By Barry M. Klayman and Mark E. Felger

6 minute read

November 07, 2018 | Delaware Business Court Insider

Two recent decisions by separate judges of the Delaware Bankruptcy Court have addressed the question of whether persons providing services to debtors relating to the disposition and monetization of inventory, real estate, intellectual property and other estate assets are “professionals” and must be retained under the strictures of Section 327(a) of the Bankruptcy Code.

By Barry M. Klayman and Mark E. Felger

7 minute read

October 10, 2018 | Delaware Business Court Insider

A pair of decisions by the Delaware Court of Chancery and the Delaware Supreme Court have clarified the time to seek an award of attorney fees for successfully defending against an alleged frivolous appeal.

By Barry M. Klayman and Mark E. Felger

6 minute read

September 05, 2018 | Delaware Business Court Insider

The purchase and sale of claims held by creditors against debtors in a bankruptcy proceeding has become a big business.

By Barry M. Klayman and Mark E. Felger

6 minute read

August 06, 2018 | Delaware Business Court Insider

Does public access extend to discovery materials that are not filed with the court? Vice Chancellor J. Travis Laster says no: materials developed during the pretrial discovery process are not part of the presumptively public record until they are filed with the court, such as by being placed on the docket or lodged in evidence.

By Barry M. Klayman and Mark E. Felger

1 minute read

June 27, 2018 | Delaware Business Court Insider

In Official Committee of Unsecured Creditors v. Constellation Enterprises (In re Constellation Enterprises), Judge Andrews held that a creditors' committee automatically dissolved when a Chapter 11 case was converted to a Chapter 7 case and as a result it lacked the capacity or authority to pursue appeals that had been filed from orders of the bankruptcy court, including the order converting the case.

By Barry M. Klayman and Mark E. Felger

1 minute read

June 06, 2018 | Delaware Business Court Insider

In TCV VI v. TradingScreen, Vice Chancellor J. Travis Laster addressed the scope of the materials that a lawyer must produce to a former client upon request.

By Barry M. Klayman and Mark E. Felger

1 minute read

May 09, 2018 | Delaware Business Court Insider

In JMO Wind Down, Chief Bankruptcy Judge Brendan Shannon considered a motion to enjoin a creditor from pursuing claims against various defendants that were pending in a civil action in the Delaware Court of Chancery based on the provisions of the debtor's Chapter 11 plan of liquidation.

By Barry M. Klayman and Mark E. Felger

1 minute read