Delaware Bankruptcy Update Q4 2021
In the final quarter of 2021, the Delaware Bankruptcy Court addressed the enforceability of blocking provisions in LLC agreements, a debtor’s liability for make whole premiums in chapter 11 cases, whether a complaint may be amended 20 months after it was filed, and whether threatening to take an action can constitute a “live controversy” under Article III of the United States Constitution. In addition, Judge Craig Goldblatt, who was appointed to the Delaware Bankruptcy Court in 2021, issued two opinions addressing the mundane, but always-relevant issue of bar date notification. Each of these decisions is summarized below. Feel free to contact any member of our team for further information about these recent decisions.