Case law

Drivetrain, LLC v. FiftySix Investments LLC

United States Bankruptcy Court, D. Delaware · Oct 19, 2023

If the debtor retains discretion to use the funds however it sees fit, then the funds are not earmarked.55 Defendants argue that § 1.4 of the April 2020 SPA clearly indicates … That is, while § 1.4 set out a ceiling, it did not establish a floor.

Drivetrain, LLC v. Label

United States Bankruptcy Court, D. Delaware · Oct 19, 2023

If the debtor retains discretion to use the funds however it sees fit, then the funds are not earmarked.55 Defendants argue that § 1.4 of the April 2020 SPA clearly indicates … That is, while § 1.4 set out a ceiling, it did not establish a floor.

Drivetrain, LLC v. DDE Partners, LLC

United States Bankruptcy Court, D. Delaware · Oct 19, 2023

If the debtor retains discretion to use the funds however it sees fit, then the funds are not earmarked.55 Defendants argue that § 1.4 of the April 2020 SPA clearly indicates … That is, while § 1.4 set out a ceiling, it did not establish a floor.

Weiand Automotive Industries, Inc.

United States Bankruptcy Court, D. Delaware · Feb 25, 2020

First, the Reorganized Debtors are mistaken in their belief the Insured Claims Dispute does not qualify for related to jurisdiction because it does not “involve the amount of property for distribution or the allocations … The Reorganized Debtors are correct in highlighting that the position statement and pleadings leading up to the California Court Order do not clearly articulate the Insured Claims Dispute.

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

United States Bankruptcy Court, D. Delaware · Feb 4, 2025

The Dispute Resoiution Process The Contract establishes a dispute resolution mechanism. … It establishes an Incentive Program with three components——cost, schedule and safety.

Boy Scouts of America

United States Bankruptcy Court, D. Delaware · Jul 29, 2022

We were clearly told by the Boy Scouts that does not exist under death trap Plan B.” … Whether Debtors are correct may be in dispute, but it has clearly been their position.