Bankruptcy Court Refuses to Approve Provision of Employment Application Providing Indemnity for Fees Incurred in Successful Defense of Fee Request

On January 29, 2016, the United States Bankruptcy Court for the District of Delaware refused to approve a provision in a retention application that would have allowed counsel to be reimbursed by the bankruptcy estate for fees incurred in a successful defense of an objection to their fees in the case.  See In re Boomerang Tube, Inc., Case No.… Continue reading Bankruptcy Court Refuses to Approve Provision of Employment Application Providing Indemnity for Fees Incurred in Successful Defense of Fee Request

Ninth Circuit Rules that Deprizio Waivers Are Still Relevant, at Least to a Guarantor

On May 6, 2015, in Stahl v. Simon (In re Adamson Apparel, Inc.), 2015 US App. LEXIS 7508, the Ninth Circuit Court of Appeals became the first circuit level court to hold that an insider guarantor’s waiver of its indemnity, exoneration, contribution, and indemnity rights absolves the insider guarantor from potential preference liability for payments made to a… Continue reading Ninth Circuit Rules that Deprizio Waivers Are Still Relevant, at Least to a Guarantor

Delaware District Court Sets 6:00 p.m. Filing Deadline

Effective October 16, 2014, the filing deadline with the United States District Court for the District of Delaware is 6:00 p.m. prevailing Eastern Time. See http://www.ded.uscourts.gov/sites/default/files/general-orders/Electronic-Case-Filing-Procedure-10-2-14.pdf. The deadline applies to every filing and service deadline, other than initial pleadings. The new rule also applies to exchanges of discovery requests and discovery responses, even if hand-delivered.… Continue reading Delaware District Court Sets 6:00 p.m. Filing Deadline

Ninth Circuit Reaffirms its Holding in In re Bellingham that the Parties May Consent to the Bankruptcy Court’s Jurisdiction over “Stern” Claims

In 2012, the Ninth Circuit Court of Appeals ruled in Exec. Benefits Ins. Agency v. Arkison (In re Bellingham Ins. Agency, Inc.), 702 F.3d 553 (9th Cir 2012), that the parties’ consent gives the Bankruptcy Court jurisdiction to enter final judgments regarding “Stern” claims – i.e., claims labeled “core” under 28 USC § 157, but… Continue reading Ninth Circuit Reaffirms its Holding in In re Bellingham that the Parties May Consent to the Bankruptcy Court’s Jurisdiction over “Stern” Claims

Washington, Oregon, and Idaho All Ranked in the Top 20 for States With Fastest Growing Economies

In an article written by Andy Kiersz and Elena Holodny titled “Here’s How All 50 State Economies Are Doing, Ranked From Slowest To Fastest” published on August 4, 2014 in the Business Insider, Washington was ranked 7th, Oregon 11th, and Idaho 17th. Read more at: http://www.businessinsider.com/state-economic-growth-rankings-2014-8