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22 Aug 2011, 2:22 pm by Randall Reese
In an August 19, 2011 opinion, Judge Paul Crotty of the United States District Court for the Southern District of New York affirmed a September 2010 bankruptcy court ruling in the Delphi Corporation (n/k/a DPH Holdings Corp.) chapter 11 cases which denied a request by Appellant Michigan Funds Administration (or MFA) to amend an administrative expense claim and disallowed and expunged the [read post]
25 May 2012, 8:30 pm by Matthew Bush
Ace American Insurance Co.Docket: 11-1229Issue(s): (1) Whether a bankruptcy court’s exercise of its in rem jurisdiction categorically abrogates state sovereign immunity, regardless of the governmental unit’s role in the particular bankruptcy proceeding; and (2) whether the Bankruptcy Code’s abrogation of sovereign immunity extends to a state-law statutory claim that does not involve the discharged debtor.Certiorari stage documents:Opinion below (2d Cir.)Petition for certiorariBrief… [read post]
11 May 2010, 10:39 pm by Randall Reese
Four Valeo entities (Valeo Climate Control Corp., Valeo Electrical Systems, Inc., Valeo, Inc. and Valeo Schalter und Sensoren GmbH) asked the Southern District of New York bankruptcy court today to dismiss with prejudice an adversary complaint filed by Delphi Corporation (now known as DPH Holdings Corp.) seeking recovery of approximately $19.5 million in allegedly preferential transfers made in mid-2005. [read post]