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the honorable peter j. walsh
Introduction Earlier this month, JH Cohn, LLP ("Cohn" or "Plaintiff") began filing preference complaints against various defendants in the Orleans Homebuilders ("Orleans") bankruptcy proceeding. For those not familiar with the Orleans bankruptcy proceeding, Cohn...
On June 23, 2011, the Supreme Court issued a ruling that has sent waves through bankruptcy courts across the nation. Stern v. Marshall, 131 S.Ct. 2594 (2011), is the latest opinion in a long running dispute between the estate of Vickie Lynn Marshall, better known as Anna Nicole Smith, and the...
Fruehauf Opinion Illustrates that Despite a Preference to Allow Amendment of Pleadings, Courts Won't Always Allow Amendment
Summary In a 23 page decision signed July 15, 2011, Judge Walsh of the Delaware Bankruptcy Court denied a motion to allow a plaintiff to file an amended complaint, holding that the amended complaint was too deficient to survive a motion to dismiss and therefore would not be allowed. Judge...
Decision in DBSI Inc., Reminds Us that District Courts have Personal Jurisdiction Throughout the United States
Summary In an 11 page decision signed June 22, 2011, Judge Walsh of the Delaware Bankruptcy Court denied a motion to dismiss, holding that the Bankruptcy Court of the District of Delaware has personal jurisdiction over an insider of a debtor when the debtor files for bankruptcy in the District of...
Decision in American Remanufacturers, Inc. Holds That an Agreement Creating Mutual Obligations Can Provide a Defense to a Preference Action
Summary In a 56 page opinion published June 9, 2011, Judge Walsh ruled that a method of operating in which all of the credits and debits between two companies were netted out allows this same method to be used in calculating a set-off defense in preference litigation. Judge Walsh’s opinion is...