On September 10, 2024, the United States Court of Appeals for the Third Circuit issued a significant decision in In re The Hertz Corporation, No. 23-1169, addressing make-whole premiums and post-petition interest in the Chapter 11 reorganization of a solvent debtor. Writing for the panel, Judge Ambro held that (1) make-whole premiums are
Opinions
Plan Confirmation Is Final: Delaware Bankruptcy Court Rejects Virgin Orbit Equity Holders’ Revocation Motion
By Carl D. Neff on
In a decision emphasizing the finality of confirmed Chapter 11 plans, the United States Bankruptcy Court for the District of Delaware denied a motion by Virgin Orbit equity holders to revoke the plan confirmation order in Virgin Orbit, L.L.C., 659 B.R. 36 (Bankr. D. Del. 2024). The case presents an instructive lens on…
Delaware Bankruptcy Court Holds SBRA Due Diligence Is an Element of a Preference Claim — But Rule 9(c) Governs Pleading
By Carl D. Neff on
In Pinktoe Liquidation Trust v. Dellal (In re Pinktoe Tarantula Limited), Adv. Pro. No. 20-50597 (Bankr. D. Del. Apr. 14, 2023), Judge Laurie Selber Silverstein addressed a question that has divided bankruptcy courts since the Small Business Reorganization Act of 2019 (“SBRA”) amended Section 547(b): is the new “reasonable due diligence” requirement an element…
Delaware Bankruptcy Court Finds that Intellectual Property Was Not Conveyed to Purchaser of Debtors’ Assets Under Plan
By Carl D. Neff on
In the recent decision of Automotive Coalition for Traffic Safety, Inc. v. Joyson Safety Systems Acquisition, LLC, et al., (In re: TK Holdings, Inc., et al.), (Bankr. D. Del. June 18, 2020), the Delaware Bankruptcy Court adjudicated ownership of certain patent rights (the “Patent Assets”) between Automotive Coalition for Traffic Safety (“ACTS”) and TK Holdings…