Simon E Fraser

October 30, 2024 | Delaware Business Court Insider

The court was careful to confine its ruling to precisely the foregoing, and expressed no opinion on plan releases other than nonconsensual ones. In particular, the court was careful to note, "Nothing in what we have said should be construed to call into question consensual third-party releases offered in connection with a bankruptcy reorganization plan."

By Mark E. Felger and Simon E. Fraser

8 minute read

August 28, 2024 | Delaware Business Court Insider

In the wake of the U.S. Supreme Court's landmark decision this June in Harrington v. Purdue Pharma, the U.S. Bankruptcy Court for the District of Delaware recently addressed a question left open by the Supreme Court—whether a bankruptcy court may still issue a preliminary (i.e., temporary) injunction of a creditor's claims against a nondebtor.

By Mark E. Felger and Simon E. Fraser

7 minute read

January 17, 2024 | Delaware Business Court Insider

A Nov. 14 opinion from the U.S. Bankruptcy Court for the District of Delaware provides a reminder of the potentially severe punishment that a party can suffer as a result of its violation of the automatic stay of Section 362 of the Bankruptcy Code, even if the debtor does not suffer any actual damages as a result of the violation.

By Mark E. Felger and Simon E. Fraser

6 minute read

May 03, 2023 | Delaware Business Court Insider

The Delaware bankruptcy court ruled that a plaintiff need not explicitly plead its "due diligence" in investigating its preference cause of action. Rather, a general allegation under Federal Rule of Civil Procedure 9(c) that "all conditions precedent have occurred" suffices.

By Mark E. Felger and Simon E. Fraser

6 minute read

March 08, 2023 | Delaware Business Court Insider

Chancellor Kathaleen St. Jude McCormick, sitting by designation on the Delaware Superior Court, recently issued an opinion that should serve as a reminder of the harsh consequences that a party may suffer if it fails to properly preserve evidence in the lead-up to litigation.

By Mark E. Felger and Simon E. Fraser

9 minute read

January 04, 2023 | Delaware Business Court Insider

Following this decision, the ability of a party-in-interest to obtain an order from the bankruptcy court de-designating a subchapter V case is uncertain.

By Mark E. Felger and Simon E. Fraser

8 minute read