United States Bankruptcy Court For The District Of Delaware
Failed District Court Nomination Under George W Bush
On February 26, 2008, Connolly was nominated by to fill the seat vacated by in 2006, who was elevated to the . Although Connolly received a unanimously well qualified rating from the , the did not afford him a hearing and therefore his nomination to the federal bench expired at the conclusion of the Senate’s session in 2008. Senator returned his in support of Connolly, but then-Senator did not.
List Of Former Judges
Chief judges have administrative responsibilities with respect to their circuits, and preside over any panel on which they serve unless the circuit justice is also on the panel. Unlike the Supreme Court, where one justice is specifically nominated to be chief, the office of chief judge rotates among the circuit judges. To be chief, a judge must have been in active service on the court for at least one year, be under the age of 65, and have not previously served as chief judge. A vacancy is filled by the judge highest in seniority among the group of qualified judges. The chief judge serves for a term of seven years or until age 70, whichever occurs first. The age restrictions are waived if no members of the court would otherwise be qualified for the position.
When the office was created in 1948, the chief judge was the longest-serving judge who had not elected to retire on what has since 1958 been known as or declined to serve as chief judge. After August 6, 1959, judges could not become or remain chief after turning 70 years old. The current rules have been in operation since October 1, 1982.
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Delaware Bankruptcy Court Records
U.S. Bankruptcy Courts
Search public court records from Delaware Bankruptcy Court online for free with easy to use case search tools for finding court cases and case summaries by case number, case name, party, attorney, judge, docket entry, and more. Filter cases further by date of filing, jurisdiction, case type, party type, and, party representation.
UniCourt gives you access to U.S. Bankruptcy Court Records across the State of Delaware, so you can search a range of different types of bankruptcy cases including Chapter 7, Chapter 9, Chapter 11, Chapter 12, Chapter 13, and Chapter 15. You can even drill down further and search for bankruptcy cases involving Adversary Proceedings, Debt Discharge Challenges, Debtor Discharge Challenges, Petitions, Revoked Confirmed Plans, and Other Proceedings. With UniCourt, you can lookup Bankruptcy Court cases online, find the latest docket information, view case summaries, check case statuses, download court documents, as well as track lawsuits and get alerts on new case updates.
Leverage UniCourts Legal Data as a Service to get bulk access to court data from the United States Bankruptcy Court for the District of Delaware. We collect, organize, standardize, and normalize court data from courts throughout the federal court systems Public Access to Court Electronic Records and the state courts, and make it all easily accessible and useful through our web app and Legal Data APIs.
Judge Gross Grants Insiders Motion To Dismiss Chapter 7 Trustees Claims To Avoid Prepetition Setoffs
In Judge Grosss Miller v. D& M Holdings US Inc. opinion, the Court granted Defendants 12 motion to dismiss Plaintiff-Trustees attempt to avoid prepetition setoffs which accrued to Defendant, yet denied the Motion as it pertained to other non-setoff transfers. Notable in this case is the fact that Defendant is the Debtors parent company, thus rendering the transfers subject to the one-year lookback period attributable to insiders.
Background and Holding
The complaint sought avoidance of three buckets of transfers : Prepetition Setoffs Payroll Transfers and Expense Transfers. With respect to the Prepetition Setoffs, Defendant argued that a setoff governed by section 553 is not avoidable under section 547, while Plaintiff relied upon Pardo v. Pacificare of Texas, Inc. , 264 B.R. 344 in countering that setoffs can still be avoidable if they are found to be invalid or otherwise unavailable in bankruptcy. The Pardo court found that section 553 recognized setoffs where the creditor holds a prepetition claim against the debtor the creditor owes a prepetition debt to the debtor the claim and debt are mutual and the claim and debt are both valid and enforceable. That opinion further noted that section 553 protects an otherwise preferential setoff excluding any insufficiency.
A copy of the Opinion can be found here.
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Federal Courts Web Archive
- Web Archive United States District Court for the District of New Mexico The United States District Court for the District of New Mexico is the federal district court whose jurisdiction comprises the state of New Mexico. Court is held in Albuquerque, Las Cruces, Las Vegas, Roswell, Santa Fe, and Silver City. Appeals from the District of New Mexico are taken to the United States Court of Appeals for the Tenth Circuit (except…
Renomination To District Court Under Trump
On December 20, 2017, Connolly’s renomination was announced and sent to the . He was nominated to the seat vacated by , who took on February 3, 2017. On February 14, 2018, a hearing on his nomination was held before the . On March 15, 2018, his nomination was reported out of committee by a 201 vote. On August 1, 2018, his nomination was confirmed by . He received his judicial commission on August 3, 2018. He became Chief Judge on July 1, 2021.
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Judge Owens Issues First Avoidance Opinion In Rejecting Defendants Argument That Complaint Was Time
In Judge Owenss UMB Bank, N.A. v. Sun Capital Partners V, LP , 2020 WL 377015 opinion, the Court denied Defendants 12 motion to dismiss Plaintiff-Trustees attempt under section 544 to avoid and recover an alleged $42 million fraudulent transfer made to Defendants more than five years prior to the Petition Date. The opinion is the first one issued by Judge Owens that pertains to avoidance actions substantively, she found that because the Complaint alleged specific unsecured creditors of the applicable Debtor who could have avoided the Transfer as of the Petition Date, the motion to dismiss must be denied.
The Parties PositionsThe Transfer at issue in the Complaint occurred on December 20, 2011, with the Debtors filing for bankruptcy relief on January 17, 2017. The Complaint was then filed on January 17, 2019 , two years after the Petition Date and a little over seven years after the date of the Transfer.
Against that backdrop, the Court found that Plaintiff complied with section 546, as the Commencement Date of the adversary proceeding was two years after the Petition Date. While it was Plaintiffs burden to ultimately prove that a Predicate Creditor existed as of the Petition Date for 544 purposes, the Court found it premature to make such a ruling in addressing a timeliness defense contained in a motion to dismiss .
A copy of the Opinion can be found here.
Written by Daniel N. Brogan
A copy of the opinion can be found here.
Judge Walrath Denies Motion To Transfer Venue Of Preference Action Notwithstanding Defendants Forum Selection Clause
In Judge Walraths RCS Creditor Trust v. Schulte Roth & Zabel LLP opinion, the Court found that the presence of a forum selection clause was not enough to trump the bankruptcy courts ability to maintain venue for an avoidance action. In so finding, the judge agreed with the Trustee-Plaintiffs argument that the Debtors creditors were the ultimate parties-in-interest in the action, and thus were not bound by any FSC between the Debtors and Defendant . On that and other bases, the Court denied Defendants motion to transfer venue to the Southern District of New York under 28 U.S.C. § 1412 and Fed. R. Bankr. P. 7087.
Background and the Twelve Factor Jumara Test
Plaintiff sought to recover approximately $580,000 pursuant to 11 U.S.C. §§ 547 and 548. Defendant, a law firm, responded by filing the Motion.
Courts in the Third Circuit consider a variety of factors in deciding whether to grant a motion to transfer venue, including:
plaintiffs choice of forum,
defendants forum preference
whether the claim arose elsewhere,
location of books and records,
convenience of the parties based upon their relative physical and financial condition,
convenience of the witnesses
enforceability of the judgment,
practical considerations that would make the trial easy, expeditious, or inexpensive,
congestion of the courts dockets,
public policies of the fora,
familiarity of the judge with the applicable state law, and
local interest in deciding local controversies at home.
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United States Bankruptcy Court Middle District Of Alabama
The United States bankruptcy court, Middle District of Alabama is the in that is associated with the .
Court proceedings are typically held in the federal court building in Montgomery, Alabama. Opelika, Alabama is an occasional alternative court location.
The Middle District of Alabama serves Autauga, Barbour, Bullock, Butler, Chilton, Coosa, Covington, Crenshaw, Elmore, Lowndes, Montgomery, and Pike counties.
United States District Court For The District Of Delaware
|United States District Court for the District of Delaware
The United States District Court for the District of Delaware is the Federal district court having jurisdiction over the entire state of Delaware. The Court sits in Wilmington. Currently, four district judges and five magistrate judges preside over the court.
Because Delaware is the state of incorporation for most major U.S. corporations, the District of Delaware hears and tries many patent and other complex commercial disputes that must be heard in federal court for diversity of citizenship reasons, and hears many appeals from bankruptcy disputes which are filed with the United States Bankruptcy Court for the District of Delaware.
Appeals from the Court are heard by the United States Court of Appeals for the Third Circuit, which sits in Philadelphia, Pennsylvania .
The current United States Attorney for the District of Delaware is David C. Weiss since January 22, 2018.
Federal Judicial Districts Established For Delaware New Jersey And Pennsylvania
The United States Trustee Program is the component of the U.S. Department of Justice that supervises the administration of bankruptcy cases. The United States Trustee for Region 3 serves the federal judicial districts established for Delaware, New Jersey, and Pennsylvania. The regional office is located in Philadelphia, PA. The links on this site contain information about the regional office of the United States Trustee and the field offices within Region 3.
Citing Resources In The Web Archive
Citations should indicate: Archived in the Library of Congress Web Archives at www.loc.gov. When citing a particular website include the archived website’s Citation ID . Researchers are advised to follow standard citation guidelines for websites, pages, and articles. Researchers are reminded that many of the materials in this web archive are copyrighted and that citations must credit the authors/creators and publishers of the works. For guidance about compiling full citations consult Citing Primary Sources.
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Bankruptcy Court In Delaware Reopens For In
Delawares bankruptcy court is restarting on-site hearings on a case-by-case basis, while still encouraging participants to attend remotely whenever possible.
Judge Christopher S. Sontchis June 4 order allows the U.S. Bankruptcy Court for the District of Delaware to start holding hearings combining in-person appearances and video conferencing. But such meetings will be held at the presiding judges discretion and minimized and limited to critical cases only, the order said.
In June 2020, the court issued a similar order allowing such hybrid hearings, but none have yet been held, Sontchi said.
Proceedings at the court were moved to telephone and video hearings in March 2020 in response to Covid-19. Its steps to reopen, though tentative, indicate the beginning of a return to normal for the most active bankruptcy court in the country.
Anyone can still fully participate in any court hearing via Zoom, the order said. The presiding judge will consider any request to change a hybrid hearing to an entirely remote one.
Those in the courtroom will be required to wear a mask, though people sitting at counsel tables can take it off at their preference. Anyone addressing the court from the counsel table or the podium, as well as witnesses while testifying, must remove their masks, Sontchi said.
The courts second attempt at reopening comes as 60% of all Delaware residents 16 and older have received at least one dose of the Covid-19 vaccine, according to the state government.
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United States District Court
United States Court Of Appeals For The Third Circuit
|United States Court of Appeals for the Third Circuit
This circuit also hears appeals from the , which is an Article VI and not a district court under Article III of the Constitution.
The court is composed of 14 active judges and is based at the in , . The court also conducts sittings in other venues, including the . It is one of 13 . Due to the court’s appellate jurisdiction over , the court handles a significant number of influential commercial cases in the United States.
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