background-color: #003388; Check this page, or the News and Announcements box on the homepage, for the latest official news and announcements released by the court. Please contact chambers prior to scheduling and/or changing or cancelling a hearing. Craig Goldblatt. 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. 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 . If you would like to help it grow, please consider donating to Ballotpedia. PRETRIAL AND TRIAL PROCEDURES IN NON-PREFERENCE ADVERSARYPROCEEDINGS AND CONTESTED MATTERS. 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 . However, if you find something's just not right, we want to know! e. Telephonic participants will be required to identify themselves following admittance into a proceeding. On June 11, 2019, John T. Dorsey was sworn in as a United States Bankruptcy Judge for the District of Delaware. When filing a motion or brief citing to a ruling that is both (1) from a court outside of this jurisdiction; and (2) in a form other than a written opinion readily available on Lexis or Westlaw (e.g. Dorsey practiced complex commercial litigation in Wilmington for the past 28 years. He joined the court on June 11, 2019. if(document.getElementsByClassName("reference").length==0) if(document.getElementById('Footnotes')!==null) document.getElementById('Footnotes').parentNode.style.display = 'none'; .courts-container { background-color:#fcfcfc; width:100%; border:1px solid black;padding:5px;text-align:center;clear:both; } . Delaware Justice of the Peace Courts 1. Jennifer A. Dorsey - Wikipedia Witnesses must appear in person or, via Zoom (only if meeting criteria in paragraph A. Third-Party Releases Since Purdue: Keeping Score - Seward & Kissel Please refer to previous paragraph titled Hearing and Scheduling Procedures prior to contacting Chambers for a hearing date. 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. . Delaware County Public Defender Joe Ermeti is also running for the . A skilled commercial litigator, Stephen also has significant experience in district and state courts, where he regularly represents clients in separate litigation arising out of bankruptcy. Help Desk Contact Information Bayard | Delaware Bankruptcy Judge Dorsey Issues Bench Ruling in 2022) ("Mallinckrodt"). 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. background-color: red; } If an exhibit is not on the docket, please supply such exhibit by email (in .pdf format) to all relevant parties and to the Court as soon as possible, but no later than 2 hours before the hearing. News & Announcements: 06/2023. Judge John T. Dorsey; Judge Craig T. Goldblatt; Judge Karen B. Owens; Judge Brendan L. Shannon; Judge Laurie S. Silverstein; Motions to Appear Pro Hac Vice : The form of the Motion and related e-order must comply with Local Form 105 and uploaded into CM/ECF. Cookie Policy. Professionals: For large bond issues, the make-whole amounts can often exceed nine figures. Grants Insiders Motion to Dismiss Chapter 7 Trustees Claims to Avoid Prepetition Setoffs. The Bankruptcy Code provides trustees with the ability to avoid and recover pre-bankruptcy transfers that diminish estate assets to the detriment of creditors, including conveyances made by an insolvent entity for which less than reasonably equivalent value was received in return. In re Mallinckrodt PLC.: Delaware Bankruptcy Court Approves Non font-size: .9em; background-color: white; Text Size: Decrease font size; Reset font size; . D. Rodger Quigley is a litigation associate in the Restructuring & Finance Litigation Group, where he focuses on complex commercial litigation, restructuring and other litigation matters. David Westin speaks with top names in finance about the week's biggest issues on Wall Street. The company also argued publication could make users prone to identity theft and reduce the companys value by allowing competitors to poach business. The Third Circuits leading case on the enforceability of make-whole provisions in bankruptcy is In re Energy Future Holdings Corp., where the court reversed the decisions of the bankruptcy court and the district court and enforced the payment of a make-whole premium. display: inline-block; Redacting customer and other creditor information to the extent that the debtors are seeking is only going to add to that lack of transparency in a case in which many key documents have not yet been filed, Sarkessian added. In order to induce these suppliers to continue to sell to the debtor on credit as it endeavors to reorganize and emerge from bankruptcy protection, the debtor will frequently request that the court authorize critical vendor treatment for such suppliers. Section 548 of the Bankruptcy Code gives a trustee the direct right to avoid such transfers made within a two year lookback period, and section 544(b) gives the trustee the right to piggy-back on the rights of a creditor under applicable state law, which typically provide a four year lookback, so long as such creditor hold[s] an unsecured claim that is allowable under section 502 [of the Bankruptcy Code]. Section 502(b) in turn provides that when a proof of claim is filed, the claim is deemed allowed, unless a party in interest . In the present case, however, Judge Dorsey concluded that the mere fact that a creditor was authorized to obtain treatment as a critical vendor at the outset of the case, and at the debtors election and discretion, [was] not in and of itself enough to bar a preference claim; something more is required.. Prior to joining Herrick, Rodger was an associate at Wollmuth Maher & Deutsch LLP and a law clerk. J&M Sales, a Delaware corporation, filed for bankruptcy in August 2018 under chapter 7 of the Bankruptcy Code and a trustee was appointed to oversee its liquidation. Judge Dorsey's Revised Chamber's Procedures | District of Delaware . clear: both; Judge Dorsey held that the make-whole premium can be de-accelerated and paid if and when owing at a later time and that section 1124(2), the section of the Bankruptcy Code that governs reinstatement of unimpaired claims, allows the debtors to roll[] back the clock to the time before the asserted default that gave rise to the make-whole premium. 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.. A recent decision by Delaware Bankruptcy Judge John Dorsey will limit the ability of bankruptcy trustees to expand the lookback period for avoiding pre-bankruptcy transfers beyond the. 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This brings the Courts current complement of judges to seven. Shawn Smith became acting district attorney in January when former DA John Hubbard became county court judge and is running to fill the position. 824 N Market St 5th Floor, Courtroom 5 Wilmington, DE 19801 302-533-3169 Revised October 19, 2022 CHAMBERS PROCEDURES FOR JUDGE JOHN T. DORSEY Courtroom Deputy: Robert Cavello - Robert_Cavello@deb.uscourts.gov Judicial Assistant: Laura Haney - Laura_Haney@deb.uscourts.gov PLEASE DO NOT MAIL OR HAND DELIVER DOCUMENTS In dismissing a trustee's action to recover transfers made more than four years prior to the commencement of the bankruptcy case, Judge . 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. 544), Fraudulent Transfer Actual Fraud (11 U.S.C. Bayard, P.A. - A Delaware Law Firm | Blogs Search Results No testimony will be permitted by telephone. 302-533-3169, CHAMBERS PROCEDURES FOR JUDGE JOHN T. DORSEY, Courtroom Deputy: Robert Cavello Robert_Cavello@deb.uscourts.gov, Judicial Assistant: Laura Haney Laura_Haney@deb.uscourts.gov, PLEASE DO NOT MAIL OR HAND DELIVER DOCUMENTS, =====================================================================, THE COURT DEMANDS OF ITSELF AND THE LAWYERS, WHO APPEAR BEFORE IT COURTEOUS AND PROFESSIONAL CONDUCT. Laura Haney - Judicial Assistant, Extension #2, Robert Cavello - Courtroom Deputy/Scheduling, Extension #3, 824 N Market St 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. Stephen advises clients from a wide range of industries, including financial services, telecommunications, government agencies and real estate. 1. c. Prior Registration Required. Given the magnitude of the amount in dispute in Mallinckrodt, it is safe to assume that the District Court appeal will not be the last stop for this litigation. 1. Ballotpedia updates federal judicial profiles at least once a year. Matters Under Advisement: Parties are invited to inquire by e-mail or telephone, after a reasonable time under the circumstances of the matter at issue, into the status of matters pending decision or taken under advisement. UPDATE (Jan. 11, 2023, 17:05 UTC): Adds additional detail. font-weight: bold; Omnibus hearings will be conducted on Tuesdays, Wednesdays and Thursdays unless emergency or time sensitive matters require otherwise. 2023 Bayard, P.A. a. color: white; } Judge Dorsey fills one of two much-needed, newly created seats, which were established by Congress after tireless efforts by the Administrative Office of U.S. Courts and the strong support of the Delaware Congressional delegation, particularly Senator Chris Coons and his staff. Delaware Bankruptcy Court Rules That "Critical Vendor" Status Does Not D. Del. In a Nov. 19 filing, FTX argued the full creditor list would be unwieldy and potentially unreliable due to poor recordkeeping by Bankman-Fried. On June 11, John T. Dorsey was sworn in as a United States Bankruptcy Judge for the District of Delaware. 20-12522-JTD (Bankr. All parties intending to introduce documentary evidence must supply a list of exhibits with reference to the applicable CM/ECF docket number. 302-252-2887 font-weight: bold; Del.) Judge nixes Block shareholder suit over online music deal Note: All remote hearings Scheduled on or after Tuesday, January 19th will be conducted entirely over Zoom and will require all participants to register in advance. font-weight: bold; .widget-row { The procedures for preference cases are contained in the General Order, dated November 16, 2009. On June 11, 2019, John T. Dorsey was sworn in as a United States Bankruptcy Judge for the District of Delaware. Letter From US Senators 'Inappropriate,' Won't Sway Me - CoinDesk background-color: #f9d334; I'm going to overrule the objections and allow them [creditor lists] to remain sealed at this point, he added, saying he would review the issue after three months. 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. Prior results do not guarantee a similar outcome. } To embed, copy and paste the code into your website or blog: Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra: [Ongoing] Read Latest COVID-19 Guidance, All Aspects, [Hot Topic] Environmental, Social & Governance. bar a [subsequent] preference claim to recover payments to that supplier before the bankruptcy. District of Delaware | United States Bankruptcy Court 8:00 am - 4:00 pm, Monday - Friday Accordingly, please DO NOT send information about any matter unless you have a written engagement letter from us stating that we represent you as a client. University of Nevada, Las Vegas ( BA) Pepperdine University ( JD) Jennifer Anna Dorsey (ne Cole; born April 26, 1971) is an American attorney and jurist serving as a United States district judge of the United States District Court for the District . DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. A. Judge John Dorsey overruled a claim lodged earlier by FTX customers alleging that the firm's previous work for FTX presented a conflict of interest in the current case. Wednesday, February 10, 2021. (The taxes were subsequently paid. All Zoom participants are required to register in advance using the Zoom link provided on the latest hearing agenda. 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. 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 . Stephen Selbst is the co-chair of Herricks Restructuring & Finance Litigation Group. News & Announcements: 06/2023 | District of Delaware | United States Delaware Bankruptcy Judge John Dorsey issued a 103 page opinion in In re Mallinckrodt PLC., Case No. By Rose Krebs. objects.. .clearfix { Parties should plan accordingly. Archive. 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. 21The acting district attorney and the county's public defender are running against each other for Delaware County district attorney in the Republican primary June 27. The filing must contain the identity of each witness and the scope of testimony. The make-whole amount is typically the net present value of the interest payments that the lender would have received if the debt was paid at maturity. b. Third Circuit considered what happens when an indenture accelerates debt upon bankruptcy. Delaware Family Court New Judge Appointed to Delaware Bankruptcy Court - Judge John T. Dorsey Javascript must be enabled for the correct page display. Son of local magistrate judge dies in vehicle crash in Delaware 3. A Delaware judge has dismissed a shareholder lawsuit against financial technology company Block Inc. over its 2021 acquisition of majority ownership in Tidal, the music streaming service partly. See also United States bankruptcy court, District of Delaware He received his undergraduate degree from the State University of New York at Binghamton in 1985, and graduated magna cum laude from Wake Forest University School of Law in 1991, where he served as research editor of the law review. .widget-value { Counsel is encouraged to notify Chambers when filing an Amended Agenda. By using our website you consent to all cookies in accordance with our .widget-row.Libertarian { This story originally appeared on Coindesk, Plus500. 8:00 am - 4:00 pm, Monday - Friday Judge Spares Ex-CEO of Bankrupt KIT Digital from Additional Jail Time, Herricks Restructuring & Finance Litigation Group. The Rostraver West Newton Emergency Rescue Service confirms Charleroi district judge Eric . Former WilmerHale Partner Joins Del. Bankruptcy Bench word-wrap: break-word; United States: What We're Reading This Week [November 10, 2021] - Mondaq Holds That Bankruptcy Courts May Enter Final Judgment on Core Fraudulent Transfer Claims Against Party With No Filed Claim, Judge Gross (Bankr. .courts-container hr {background-color:#f0a236;padding-bottom:2px;}, Third Circuit Court of Appeals U.S. District Court: District of Delaware U.S. Bankruptcy Court: District of Delaware, Delaware Supreme Court 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. Omnibus Hearings are scheduled for one hour. Welcome to the official website for the United States Bankruptcy Court for the District of Delaware, the " First State ." Welcome to the Next Generation CM/ECF Click here for more information The Court will be closed on Tuesday, July 4, 2023 in observance of Independence Day Court Location Wilmington 824 Market ST N 3rd Floor font-weight: bold; a. Please contact Chambers if there will be a delay. Emergency closing information may also be broadcast on radio stations WILM (1450 AM) and WDEL (1150 AM). Feb.3, 2022, Docket #6347) wherein he confirmed a Chapter 11 Plan which included non-consensual third-party releases and applied the Third Circuit position as articulated in Millenium Lab Holding II, LLC, 945 F.3d 126 (3d Cir. background-color: #f9f9f9; color: white; Manner of Hearings and Other Proceedings. All counsel and witnesses are expected to attend in-person hearings unless permitted to appear via Zoom. The oath was administered in a private ceremony before Hon. He has been frequently quoted in newspaper articles on insolvency related topics and has appeared on CNBC. font-weight: bold; Persons appearing by Zoom are expected to appear in appropriate courtroom attire. Unless otherwise determined by Judge Dorsey, all proceedings will take place in person other than status conferences, scheduling conferences, pretrial conferences, discovery hearings, fee hearings, or first-day hearings, which will be conducted remotely. The trustee countered that it was not necessary for the IRS to have filed a proof of claim, as section 544(b) references a claim that is allowable under section 502, rather than actually allowed. He argued that the fact that the debtor had owed payroll taxes to the IRS at the start of the case was sufficient for the trustee to be able to step into the IRSs shoes as predicate creditor and utilize the ten year lookback. Restructuring expert John Ray took over from Bankman-Fried as chief executive officer on the same day.
} John T. Dorsey is a judge on the United States Bankruptcy Court for the District of Delaware. display: inline-block; Retired NY Judge To Oversee FTX-Voyager Ch. 11 Mediation Landmark Delaware Bankruptcy Court Ruling that Debtors Did Not Have to .widget-row.Independent, .widget-row.Nonpartisan, .widget-row.Constitution { CourtCall will no longer be used to dial in unless otherwise specified by chambers. This federal court or judge-related article is a sprout; we plan on making it grow in the future. WITNESSES, TESTIMONY AND DOCUMENTARY EVIDENCE. D. 4.). That cannot be what Congress had in mind when enacting Section 544(b).. DOVER, Del. A Delaware judge has dismissed a shareholder lawsuit against financial technology company Block Inc. over its 2021 acquisition of majority ownership in a music streaming service partly owned by rapper Jay-Z. 2. g. The party or parties who may seek to cross examine the witness and their respective counsel. John T Dorsey is Judge at United States Bankruptcy Court for the District of Delaware. Judge Dorseys decision in J&M Sales will be frustrating for bankruptcy trustees and other parties which may be authorized to act on behalf of a debtors bankruptcy estate, such as official creditor committees in chapter 11 cases. 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. Disruptions or inappropriate behavior may result in removal. width: 43%; Whether in the first instance direct testimony of the witness will be presented by declaration or proffer. Parties should use their best efforts to complete their registration at least 2 hours prior to the start of a hearing. 22-50134 (Bankr. Jennifer Anna Cole [1] ( 1971-04-26) April 26, 1971 (age 52) Las Vegas, Nevada, U.S. Education. Except as set forth herein, the Bankruptcy Courts General Chambers Procedures and other orders and procedures shall govern all procedural aspects of proceedings before Judge Dorsey.
2. Jurisdiction: D. of Delaware (Judge Dorsey) Capital Structure: $85mm RCF, $503.3mm TL, $188.7mm second lien notes, $82.5mm unsecured convertible notes. I'm reluctant at this point to say I'm going to require the disclosure, Dorsey said at a hearing Wednesday. In many commercial Chapter 11 cases, the debtor will obtain goods and services from certain suppliers that are deemed essential to the ongoing operation of its business and thus also to any effort to successfully reorganize but that are not required (by contract or otherwise) to continue to do business with the debtor while it is in bankruptcy, or to keep the debtor on the same credit terms that it previously enjoyed. } Africa is quickly becoming one of the business world's most supercharged areas, with a burgeoning startup scene, expansive infrastructure projects, and capital pouring in from across the world. Attorney Advertising. Copyright 20122023 Arnall Golden Gregory LLP. Delaware Bar Admission- Clerkship Requirements; Post-Judicial Practice Policy; Conflict of Interest Policies for Law Clerks; Frequently Asked Questions (FAQs) . 00:40. 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. Trustee, part of the Department of Justice responsible for bankruptcy matters. Joel H. Slomsky of the U.S. District Court for the Eastern District of Pennsylvania. 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.