For the past 16 years, Judge Dorsey was a partner at Young Conaway Stargatt & Taylor, LLC, representing debtors and creditors in chapter 11 litigation matters. 8:00 am - 4:00 pm, Monday - Friday width: 100%; } bar a [subsequent] preference claim to recover payments to that supplier before the bankruptcy. a. Bayard, P.A. - A Delaware Law Firm | Blogs Search Results By using our website you consent to all cookies in accordance with our Completion of Briefing Binders: Completions of Briefing must be filed containing hyperlinks for all relevant pleadings. } Please contact Chambers if there will be a delay. Del.) } Jennifer Anna Cole [1] ( 1971-04-26) April 26, 1971 (age 52) Las Vegas, Nevada, U.S. Education. .infobox p { . . The Rostraver West Newton Emergency Rescue Service confirms Charleroi district judge Eric . (The taxes were subsequently paid. Excluding Federal Holidays. Counsel is encouraged to notify Chambers when filing an Amended Agenda. Judge Dorsey practiced complex commercial litigation in Wilmington, Delaware for the past 28 years. a. The indenture provides for automatic acceleration following an Event of Default, which includes a bankruptcy filing. 1. margin-top: 1px; d. A description of the place from which the witness will be testifying (e.g., home, office specific addresses shall not be provided). In so doing, the Court found that the allegations in the Complaint did not demonstrate any level of control by Defendant or that negotiations between the parties were not conducted at arms-length. We welcome your interest in AGG. Delaware Bar Admission- Clerkship Requirements; Post-Judicial Practice Policy; Conflict of Interest Policies for Law Clerks; Frequently Asked Questions (FAQs) . Delaware Family Court 3. Judge John Dorsey, overseeing the winding up of Sam Bankman-Fried . Please refer to the learning module on the Courts website for assistance in uploading and/or replacing e- orders. A Delaware judge on Tuesday dismissed a shareholder class action seeking to hold Jack Dorsey and other board members at Block Inc liable for approving the payments company's purchase of Jay-Z's . Ten Years Gone - Delaware Bankruptcy Judge Rejects Effort to Extend a. Bloomberg Wall Street Week, hosted by David Westin, is a reinvention of the iconic Wall Street Week, which aired on PBS for over 30 years and was hosted by late financial journalist Louis Rukeyser. D. Del. UPDATE (Jan. 11, 2023, 17:05 UTC): Adds additional detail. } f. Whether the witness will have any documents with him/her and, if so, what documents. Grants Insiders Motion to Dismiss Chapter 7 Trustees Claims to Avoid Prepetition Setoffs. United States Bankruptcy Court District of Delaware, State University of New York, Binghamton, 1985, Wake Forest University School of Law, 1991, .infobox { } The noteholders appeal brief argues that Judge Dorseys decision improperly substitutes the courts notions of policy for the plain language of the Bankruptcy Code and conflicts with Supreme Court precedent rejecting equitable exceptions to the Bankruptcy Codes plain language. FTX Creditor Names Can Remain Sealed for Now, Judge Rules background-color: grey; 3. Presentation of Revised Proposed Orders If a movant intends to present a proposed form of order to the Court that contains revisions to the original proposed form of order submitted with its motion, counsel for the movant shall endeavor to provide to the Court the revised form of order in clean and redline form at least 1 hour prior to the hearing. - All Rights Reserved. padding-left: 10px; Judge John Dorsey of the U.S. Bankruptcy Court for the District of Delaware denied a request on Feb. 15 for an independent examiner for FTX, citing additional expenses and unnecessary burden. .widget-row.value-only.black { 2023 Bayard, P.A. 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Welcome. Disruptions or inappropriate behavior may result in removal. September 1, 2022 Updates By: Jason G. Cohen and Robert Grattan Creditors do not have standing to assert derivative claims on behalf of a bankrupt Delaware limited liability company, according to a recent ruling by Delaware's bankruptcy Judge John Dorsey in In re Ector County Energy Center LLC. This means that absent being advised by counsel as directed above that a trial will proceed, Judge Dorsey will assume the matter has been settled or is being adjourned. An individual has a good faith health-related reason to participate remotely and has obtained permission from chambers to do so; or. During the hearing at the U.S. Bankruptcy Court for the District of Delaware, Judge Dorsey considered a key point of contention between the case's various players: the question of who owns the . WILMINGTON, Delaware, June 27 (Reuters) - The Walt Disney Co DIS.N board did not act negligently when it criticized a sexual identity bill signed by Florida Governor Ron DeSantis, a Delaware judge . Jul. background-color: #f9f9f9; 548(a)(1)(B)), Liability of Transferee (11 U.S.C. District of Delaware. On June 11, 2019, John T. Dorsey was sworn in as a United States Bankruptcy Judge for the District of Delaware. Considering the Allowability of Make-Whole Payments in Bankruptcy. Two vie for Delaware County district attorney - Yahoo News State Fraudulent Transfer (11 U.S.C. Wednesday, February 10, 2021. Build a Morning News Digest: Easy, Custom Content, Free! Prior to practicing law, he served in both the U.S. Army as a Military Police Investigator and the U.S. Air Force as an ICBM launch officer. FTX filed for bankruptcy protection on Nov. 11, 2022, after CoinDesk revelations about its relationship with trading arm Alameda Research led to a run on the exchange. 3rd Floor b. As to the actual fraud allegations, the Court analyzed the allegations of closeness between Defendant and the Debtors and whether Defendant may constitute a non-statutory insider. Please see below documentation titled Hearing Registration for more information on the registration process. He stated that while he was reaching his decision based on the statutory language of sections 502 and 544(b), he was troubled by the implications of the trustees argument. background-color: white; Persons appearing by Zoom are expected to appear in appropriate courtroom attire. 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Home |Contact Us |Employment |Glossary of Legal Terms, Honorable Laurie Selber Silverstein - Chief Judge | Una O'Boyle- Clerk of Court, File a Financial Management Course Certificate, Certification/Exemplification of a Document, Delaware Bar Admission- Clerkship Requirements, Conflict of Interest Policies for Law Clerks, Caution: Before Proceeding without an Attorney in Bankruptcy Court, Administrative Procedures for Electronically Filed Cases, Restriction of Public Access to Documents in Cases Filed Prior to December 1, 2003. 144 by Pam Martens and Russ Martens, Wall St On Parade: A showdown in the Delaware bankruptcy proceedings for Sam Bankman-Fried's collapsed crypto exchange, FTX, before presiding Judge John Dorsey is scheduled for next Monday morning at 9:30. Judge dismisses lawsuit over Block's 'terrible' purchase of Jay-Z's Tidal background-color: #f9d334; If closed due to inclement weather or other emergency, contact information will be posted, if possible, in the Clerk's Office lobby and on this website, and in a voice mail recording on the Court's main telephone number, 302-252-2900. Judge John T. Dorsey; Judge Craig T. Goldblatt; Judge Karen B. Owens; Judge Brendan L. Shannon; Judge Laurie S. 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If necessary, the party sponsoring a witness will be responsible for ensuring that any relevant exhibits are supplied to the witness ahead of the hearing. Failure to identify when requested by the Court will result in removal from the proceeding. background-color: red; Delaware Bankruptcy Judge John Dorsey issued a 103 page opinion in In re Mallinckrodt PLC., Case No. Such treatment customarily involves the debtor being authorized, in its discretion, to designate the suppliers that it believes to be essential to its operations, and then to pay the pre-bankruptcy balances owed to those creditors, sometimes even in full, before it pays creditors with higher priority claims under the Bankruptcy Code. For large bond issues, the make-whole amounts can often exceed nine figures. D. Del. } 2022 brings continued disagreement among US courts as to the validity As to the Complaints purported lack of insolvency allegations, the Court denied the same, finding the existing pleadings to be sufficient. 4. . Ballotpedia updates federal judicial profiles at least once a year. Bayard | Delaware Bankruptcy Judge Dorsey Issues Bench Ruling in The procedures for preference cases are contained in the General Order, dated November 16, 2009. Prior results do not guarantee a similar outcome. PRETRIAL AND TRIAL PROCEDURES IN PREFERENCE CASES. This brings the Courts current complement of judges to seven. } .widget-row.Republican { 544), Fraudulent Transfer Actual Fraud (11 U.S.C. Law360 (June 12, 2019, 6:23 PM EDT) -- Judge John T. Dorsey The Delaware bankruptcy court added its seventh judge Tuesday, as former Young Conaway partner John T. Dorsey was sworn in to. bar a [subsequent] preference claim" to recover payments to that supplier before the . Dorsey, in effect, saw the protection of privacy as paramount in spite of claims made that publishing a list of customer names would be the norm during bankruptcy. Even if the debtors were not required to cure their bankruptcy default, the brief reasons, the make-whole payment matured automatically upon the bankruptcy filing and nothing in the first lien notes indenture causes it to unmature. Although the [indenture] allows the Debtors to undo the effects of some defaults, that is not the case with the [make-whole premium], which can only be waived by the noteholders themselves., On Judge Dorseys conclusion that reinstatement under section 1124(2) operates not only to de-accelerate the debt but also to rol[l] back the clock to the time before the default existed, the brief quips that nothing in the provision supports the conclusion that reinstatement operates as a time-travel machine.. background-color: #003388; An index with hyperlinks to the docket will no longer be sufficient. Last November, Judge John Dorsey of the Delaware Bankruptcy Court held in the Mallinckrodt chapter 11 case that the debtors did not have to pay a $94 million "make-whole" premium that was provided for in an indenture governing first lien notes. font-size: .9em; CourtCall will no longer be used to dial in unless otherwise specified by chambers. Acceleration makes the principal of, premium, if any, and interest on all the Notes . If multiple exhibits are to be used at a hearing, they should be sent via zip file, appropriately identified by Exhibit Number and a brief description of the document. July 21, 2021), Delaware Bankruptcy Judge John T. Dorsey squarely rejected this argument on a motion to dismiss, ruling that authorization of critical vendor treatment for a supplier at the outset of a Chapter 11 case does "not in and of itself . 302-252-2900, Intake Hours 5th Floor, Courtroom 5 This website uses cookies to improve user experience. To the contrary, the Court found that the allegations merely show that [Defendant] was considered an important client. Accordingly, the actual fraud counts were dismissed without prejudice. Delaware Court of Common Pleas Jennifer A. Dorsey - Wikipedia ( You can listen to the hearing live at this link. The shareholder alleged that Block's founder and CEO Jack Dorsey and the company's board of directors breached their fiduciary duties in agreeing to pay roughly $300 million to take . Joel H. Slomsky of the U.S. District Court for the Eastern District of Pennsylvania. 824 N Market St 5th Floor, Courtroom 5 Wilmington, DE 19801 302-533-3169 .courts-header { font-size:150%;background-color:#334aab;color:white;} } In this series, Quicktake Originals takes an in-depth look at the domestic and international projects that are shaping modern Africa, and their implications for the global economy. Counsel for a party or a pro se litigant files a responsive pleading and intends to make only a limited argument; ii. Attorney Advertising. He has more than 30 years of experience representing debtors, creditors, official committees, distressed investors and asset purchasers in bankruptcies and out-of-court restructurings. display: inline-block; Witnesses must appear in person or, via Zoom (only if meeting criteria in paragraph A. 2. This federal court or judge-related article is a sprout; we plan on making it grow in the future. Jack Dorsey Tidal Purchase Lawsuit Thrown Out in Delaware Court - Billboard Under the Trustees theory . b. As in the 2004 case, he noted that the critical vendor order did not identify [the preference defendant] as a critical vendor, did not require that [the defendants] pre-petition claims be paid in full and did not provide that any preferential payments previously made to [the defendant] could not be recovered. Judge Dorsey also distinguished a handful of cases in which critical vendor treatment had shielded creditors from later preference claims, noting that in those cases, the creditors either held priority claims (as opposed to general unsecured claims) that would have been paid in full under the Bankruptcy Code in any event or were granted critical vendor status in an order or approved stipulation that expressly required their pre-bankruptcy claims to be paid in full. Trustee. All Zoom participants are required to register in advance using the Zoom link provided on the latest hearing agenda. 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