Case law

In Re Nortel Networks, Inc.

469 B.R. 478 · United States Bankruptcy Court, D. Delaware · Mar 20, 2012

To qualify for the adverse interest exception, a party needs . to allege total abandonment of the corporation’s interests by the interested parties. AIG, 976 A.2d at 891 . … These are clearly not fraud claims. NNIR responds by asserting that Irish courts view the distinction among the varieties of mistake as neither consistent nor consequential.

In Re Stone & Webster, Inc.

279 B.R. 748 · United States Bankruptcy Court, D. Delaware · May 30, 2002

According to Edward Doubleday, who was employed by Maine Yankee as a consultant to help evaluate the bids, “the self-performance was clearly the choice ... … The Decommissioning Agreement clearly states that the “Contractor” is SWEC.

In re: Apple Tree Life Sciences, Inc., et al.

United States Bankruptcy Court, D. Delaware · Apr 14, 2026

Dimitry Rybolovlev, both doctors turned venture capitalists,” established Apple Tree Partners IV, L.P., which was later renamed to ATP Life Science Ventures, L.P.* The Fund is a venture capital fund that was established … When raised, the debtor has the burden to establish that good faith exists.'” There is no definitive list of factors to examine.

In Re Federal-Mogul Global, Inc.

438 B.R. 787 · United States Bankruptcy Court, D. Delaware · Oct 27, 2010

No. 14440, at 7. 3 .In order to establish a prima facie case of conversion, for example, PAS would have to provide evidence necessary to establish the common law elements of a conversion, i.e. the unauthorized intentional … In order to establish an implied duty of good faith and fair dealing between two parties, those parties must be in privity. 4 .

In re Millennium Lab Holdings II, LLC

575 B.R. 252 · United States Bankruptcy Court, D. Delaware · Oct 3, 2017

governmental action; 53 it did not flow from a federal statutory scheme; 54 nor was it “completely dependent upon” adjudication of a claim created by federal law. 55 The Court also held that the bankruptcy court does not qualify … and 1334(b), as these issues arise under the Bankruptcy Code and in the chapter 11 case, let alone that they’re clearly related to the chapter 11 case.”

Nu Ride Inc. v. Certain Underwriters at Lloyds, London Subscribed

United States Bankruptcy Court, D. Delaware · Jun 5, 2025

Mut., 2012 WL 4755209, at *5 (granting a motion to dismiss for lack of subject matter jurisdiction and noting that even when a plan clearly and unambiguously reserves jurisdiction for a specific … ‘[S]tate courts are qualified to interpret the language of bankruptcy plans and orders and routinely engage in such interpretation.’”). See also, Icco v.

In re Samson Resources Corp.

559 B.R. 360 · United States Bankruptcy Court, D. Delaware · Sep 13, 2016

The Ness Claimants have not identified any terms of the Ness Lease, specified any assets that constitute their collateral, or provided any legal theory to establish their status as secured creditors. … However, the Ness Claimants do not qualify for any category of priority claim under section 507 of the Bankruptcy Code. 18.

Affirmative Insurance Holdings, Inc.

United States Bankruptcy Court, D. Delaware · Oct 15, 2019

the date the Chapter 11 case was filed by these Debtors, this income is clearly attributable to pre-petition activities. … of the petition are not taxes incurred by the estate.”55 The court continued that it is the date the taxes are incurred rather than on the date that the taxes are due that determines whether taxes qualify as administrative

In re Tribune Co.

472 B.R. 223 · United States Bankruptcy Court, D. Delaware · Apr 9, 2012

Clearly, the EGI Subordination Agreement was drafted with full knowledge of the existence of the PHONES Notes, so I begin my analysis with that agreement. … (and for the avoidance of doubt includes all Claims against Tribune under Non-Qualified Former Employee Benefit Plans, but does not include Convenience Claims).” (Third Amended Plan, § 1.1.175).

Energy Future Holdings Corp.

United States Bankruptcy Court, D. Delaware · Aug 27, 2020

7 The notice package attached to the Asbestos Bar Date Order outlined six different methods by which Unmanifested Asbestos Claimants could submit their proofs of claim and clearly … This “mere notice” does not qualify as “an informal proof of claim.”129 As a result, the Court finds that the Notices of Intent are not “informal proofs

Credito Real, S.A.B. de C.V., SOFOM, E.N.R. and Robert Wagstaff

United States Bankruptcy Court, D. Delaware · Apr 1, 2025

But the critical difference lies in the language that qualifies “any . . . including” in each section. … at 91 (holding the same and emphasizing that the “public policy exception is clearly drafted in narrow terms and the few reported cases that have analyzed section The In re Vitro S.A.B. de C.V. court makes a similar

Mallinckrodt plc v. City of Rockford

United States Bankruptcy Court, D. Delaware · Jun 16, 2021

the Bankruptcy Code and that the claims are not excepted from discharge pursuant to section 8 Although Rockford states in its Addendum that “[t]he Rockford Court denied the Defendants’ Motion to Dismiss,” this is clearly … and preclude summary judgment here have nothing to do with the question that is before me, which is: do the remaining claims in the Rockford Complaint (even assuming the truth of all the allegations contained therein) qualify

Welded Construction, L.P.

United States Bankruptcy Court, D. Delaware · Feb 15, 2021

While the Court believes that its prior ruling clearly included Opinion Work Product and required its production, it will, nonetheless, specifically address the issue here. … plaintiff access to the lawyer’s report to see how the university’s corrective actions compared to their attorney’s recommendations.33 The Baylor University court held that the “primary rationale for granting qualified

Welded Construction, L.P. v. The Williams Companies, Inc.

United States Bankruptcy Court, D. Delaware · Feb 15, 2021

While the Court believes that its prior ruling clearly included Opinion Work Product and required its production, it will, nonetheless, specifically address the issue here. … plaintiff access to the lawyer’s report to see how the university’s corrective actions compared to their attorney’s recommendations.33 The Baylor University court held that the “primary rationale for granting qualified

In Re All Land Investments, LLC

468 B.R. 676 · United States Bankruptcy Court, D. Delaware · Mar 9, 2012

The proponent of a “cram down” plan bears the burden of establishing the plan’s compliance with each of the requirements set forth in § 1129(a), except § 1129(a)(8), 11 while the objecting party bears the burden of producing … Clearly, Citizens’ deficiency claim, which voted to reject the Amended Plan, controls the Class 5 vote.

In Re Washington Mutual, Inc.

461 B.R. 200 · United States Bankruptcy Court, D. Delaware · Sep 13, 2011

distribution to creditors, increase post-petition interest and professional fees (which are currently running at the monthly rate of $30 million and $10 million, respectively), and involve complex issues including sovereign immunity … O’Hagan, 521 U.S. 642, 651-52 , 117 S.Ct. 2199 , 138 L.Ed.2d 724 (1997) (“Trading on such information qualifies as a ‘deceptive device’ under § 10(b) ... because ‘a relationship of trust and confidence [exists] between the

Clean Harbors, Inc. v. Arkema, Inc. (In Re Safety-Kleen Corp.)

380 B.R. 716 · United States Bankruptcy Court, D. Delaware · Jan 3, 2008

The Motion clearly distinguishes between the contents of “Exhibit A to the proposed Order” and the “Superfund Payment Chart”. … This was on the list of SF sites, on the 265 list and clearly part of due diligence. I am really surprised you guys are chunking.” D-36. CONCLUSIONS OF LAW I.

In Re Hayes Lemmerz International, Inc.

340 B.R. 461 · United States Bankruptcy Court, D. Delaware · Mar 28, 2006

As a result, the Court did qualify him as an expert in that field and allowed his testimony subject to arguments on the weight to be given it. … This interpretation is consistent with the legislative history of § 365(d)(10), which clearly states Congress’s intent to give special protection to qualified lessors.”); In re Brennick, 178 B.R. 305, 307-08 (Bankr.D.Mass

Halperin v. Moreno (In re Green Field Energy Servs., Inc.)

594 B.R. 239 · United States Bankruptcy Court, D. Delaware · Sep 12, 2018

The call transcriptions clearly show that Fontova advised bondholders as to how the market reduction in 2012 impacted the company's margins and resulting ability to continue its planned operational expansion. … Specifically, Moreno established that he dealt with Green Field in a fair manner.

In re: Village Roadshow Entertainment Group USA Inc., et al.

United States Bankruptcy Court, D. Delaware · Nov 5, 2025

An orderly bidding process and auction has the effect of getting all qualified bidders in one room with the debtor and any consultation parties and encourages the parties to lay their cards on the table. … Tex. 2010) (“A court order reopening the auction process when procedures were clearly established, when the auction was conducted without fraud or collusion and in compliance with the procedures, and when an adequate bid