On March 26, 2026, the U.S. Bankruptcy Court for the District of Delaware (Hon. Brendan L. Shannon) entered a provisional order in In re The Cannabist Company Holdings Inc., Case No. 26-10426 (BLS), extending stay protections to the non-debtor U.S. subsidiaries of a Canadian cannabis company whose parent is restructuring under Canada’s Companies’ Creditors
Delaware Bankruptcy Court
How Far Can a Plan Injunction Reach? Delaware Weighs In on Gatekeeping
By Carl D. Neff on
On August 21, 2025, Judge Craig T. Goldblatt of the United States Bankruptcy Court for the District of Delaware issued a significant ruling in In re AIO US, Inc. (the Avon Products bankruptcy) that rejected a “gatekeeping” provision in a proposed Chapter 11 plan. The court held that neither the Bankruptcy Code nor the Barton…
Bedmar LLC and the Manufactured Bankruptcy Doctrine: When LTL Management Stops a Chapter 11 Filing
By Carl D. Neff on
On August 29, 2025, the Delaware Bankruptcy Court issued a dismissal order in In re Bedmar, LLC that stands as one of the clearest applications of the “manufactured bankruptcy” doctrine to emerge from the post-Third Circuit landscape. Judge J. Kate Stickles dismissed the Chapter 11 case under Section 1112(b) for lack of good faith, finding…
Insurance Coverage Considerations When Negotiating Stay Relief in Bankruptcy Cases
By Carl D. Neff on
When personal injury attorneys face a defendant who files for bankruptcy, progress on the case suddenly halts as the automatic stay takes effect. While obtaining relief from the stay is the first challenge (as discussed in my previous article), understanding the insurance coverage landscape is equally critical. Most successful stay relief negotiations involve limiting…
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…
Preferred Communication Systems, Inc. Files for Bankruptcy
By Carl D. Neff on
Preferred Communication Systems, Inc. (“PCSI” or “Debtor”) filed for chapter 7 bankruptcy before the United States Bankruptcy Court for the District of Delaware on July 28, 2021.
This bankruptcy proceeding constitutes a rare example of a debtor listing more assets than debt. Per PCSI’s Schedules, the Debtor lists approximately $1.1 million in assets, and…
Pipeline Foods, LLC Files for Chapter 11 Bankruptcy Protection in Delaware
By Carl D. Neff on
Earlier this month, on July 8, 2021, Pipeline Foods, LLC and its affiliated debtors (“Pipeline”) filed for Chapter 11 protection in the United States Bankruptcy Court for the District of Delaware. The debtors’ bankruptcy cases are jointly administered before the Honorable Karen B. Owens under Case No. 21-11002.
Pipeline’s Chief Executive Officer, Anthony Sepich,…
Face Mask Requirement Modified in Delaware District Court and Bankruptcy Court
By Carl D. Neff on
Recently, on July 13, 2021, the Chief Judge of the United States District Court for the District of Delaware issued a Revised Standing Order lifting the requirement that face masks be worn in public areas of the courthouse by those who are fully vaccinated against COVID-19. The Revised Standing Order impacts each of the courthouses…
New Judge Appointed to the Delaware Bankruptcy Court
By Carl D. Neff on
On April 6, 2021, J. Kate Stickles was sworn in as the newest judge of the United States Bankruptcy Court for the District of Delaware. Judge Stickles becomes the latest judge to join the Delaware Bankruptcy Court since Judges John T. Dorsey and Karen B. Owens were sworn onto the bench in 2019.
Judge Stickles…