judge dorsey delaware

Delaware Bankruptcy Court Rules That Critical Vendor Status Does Not Insulate a Creditor From Preference Claims, Bankruptcy, Creditors' Rights, & Financial Restructuring. } width: 43%; After filing, please e-mail Chambers a copy of the hyperlinked Completion of Briefing. Acceleration makes the principal of, premium, if any, and interest on all the Notes . He also advises clients on structured finance and derivative transactions. 2. Certificates of No Objection; CNOs may be submitted 24 hours after the response deadline. a. Delaware Bankruptcy Judge Dorsey Issues Bench Ruling in Cryptocurrency Fraudulent Transfer Litigation October 28, 2022 Evan Miller discusses Judge Dorsey's (Bankr. padding-left: 10px; 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. .top_disclaimer { Del.) Liquidation Trust v. Strong (In re Cred Inc.), Adv. 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 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. color: white; Persons not complying with face mask requirements, posted signage, or any instructions of any Court Security Officer or other Bankruptcy Court personnel will be denied access to or be ejected from the Bankruptcy Court. .widget-row.value-only.white { Counsel is encouraged to notify Chambers when filing an Amended Agenda. .widget-row.value-only { Related File: CHAMBERS PROCEDURES FOR JUDGE DORSEY.pdf. PRETRIAL AND TRIAL PROCEDURES IN NON-PREFERENCE ADVERSARYPROCEEDINGS AND CONTESTED MATTERS. Appearances at in-person court proceedings using Zoom are allowed only in the following circumstances: i. Please email, Explore Ballotpedia's new State of Election Administration Legislation Report, United States Bankruptcy Court for the District of Delaware, United States bankruptcy court, District of Delaware, United States District Court for the District of Delaware, United States Court of Appeals for the 3rd Circuit, https://ballotpedia.org/wiki/index.php?title=John_Dorsey&oldid=8046245, Pages using DynamicPageList3 dplreplace parser function, Federal bankruptcy court judge, District of Delaware, Conflicts in school board elections, 2021-2022, Environmental, social and corporate governance (ESG) policy, Special Congressional elections (2023-2024), 2022 Congressional Competitiveness Report, State Executive Competitiveness Report, 2022, State Legislative Competitiveness Report, 2022, Partisanship in 2022 United States local elections. 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. Law360 (April 28, 2021, 3:40 PM EDT) --. 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. As to the Complaints purported lack of insolvency allegations, the Court denied the same, finding the existing pleadings to be sufficient. Mr. Cavello will provide Zoom hearing information to preparers of hearings agendas for inclusion. Judge Dorsey's Revised Chamber's Procedures. width: 100%; objects.. Please note that if the witness will submit a declaration, the declaration should be available to the witness during testimony. 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. She was joined by lawyers representing media organizations that had argued in favor of greater transparency. . Stephen advises clients from a wide range of industries, including financial services, telecommunications, government agencies and real estate. . Grants Insiders Motion to Dismiss Chapter 7 Trustees Claims to Avoid Prepetition Setoffs. 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 four years provided under most state law fraudulent conveyance statutes. padding-left: 10px; See In re Mallinckrodt PLC, 639 B.R. 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. No testimony will be permitted by telephone. The oath was administered in a private ceremony before Hon. D. Judges in U.S. Bankruptcy Court in Delaware, including Judge Dorsey, have previously ruled on multiple occasions against the appointment of an independent examiner when requested by the U.S. Trustee, part of the Department of Justice responsible for bankruptcy matters. g. The party or parties who may seek to cross examine the witness and their respective counsel. Failure to identify when requested by the Court will result in removal from the proceeding. Brian Glueckstein, an attorney at Sullivan & Cromwell representing FTX, told the court he wanted to redact sensitive personal information of customers and other stakeholders and protect the value in the debtors customer list as an asset, ensuring it can potentially be sold at a later stage of proceedings. margin-bottom:0px; background-color: #f9d334; 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. (AP) 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 owned by rapper Jay-Z. The oath was administered in a private ceremony before Hon. 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. Kelley Drye & Warren LLP var today = new Date(); var yyyy = today.getFullYear();document.write(yyyy + " "); | Attorney Advertising, Copyright var today = new Date(); var yyyy = today.getFullYear();document.write(yyyy + " "); JD Supra, LLC. 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. 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. width: 150px; background-color: #f9f9f9; Senator Joseph R. Biden, Jr. Hard copies will not be accepted. b. In return, the vendor commits to continue to supply the debtor during the pendency of the Chapter 11 case, and generally on the same or better payment terms than applied before the bankruptcy was filed. width: 250px; These Chambers Procedures replace the Phase 2 Procedures and General Reminders dated February 9, 2021. .widget-row.heading { ** Scheduled Trials will be removed from Judge Dorseys calendar unless the plaintiff or moving party advises Chambers two weeks in advance of the scheduled date in writing, docketed and submitted to Chambers, that it is going forward. e. Whether anyone will be in the room with the witness during his/her testimony and, if so, who (name/title/relationship to witness) and for what purpose. transcripts containing bench rulings), a copy of the ruling, in its entirety, must be provided to the Court as an exhibit to the motion or brief. There's absolutely no evidence presented to this court that there any identity theft or scams occurred as a result of those creditor lists being made public, said David Finger of law firm Finger & Slanina, representing Bloomberg, Dow Jones, the New York Times and the Financial Times. He joined the court on June 11, 2019. By using our website you consent to all cookies in accordance with our .widget-row.Republican { Kevin Gross Public Service Award Winner. Judge John T. Dorsey; Judge Craig T. Goldblatt; Judge Karen B. Owens; Judge Brendan L. Shannon; Judge Laurie S. Silverstein; Del.) 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. Delaware Bar Admission- Clerkship Requirements; Post-Judicial Practice Policy; Conflict of Interest Policies for Law Clerks; Frequently Asked Questions (FAQs) . 20-12522-JTD (Bankr. A party is proceeding in a claims allowance dispute on a pro se basis; iv. } vertical-align: top; Although he acknowledged a 2014 Pennsylvania decision that supported the trustees argument, Judge Dorsey determined that the weight of caselaw authority was contrary, and held that in order to be considered an allowable claim for purposes of Section 544(b) there must be a proof of claim filed as required by Section 502. In a footnote, he observed that nearly every business debtor owes payroll taxes at the time of bankruptcy filing because such taxes are accrued but not actually due to be paid.

Restructuring expert John Ray took over from Bankman-Fried as chief executive officer on the same day. Leonard P. Stark, Chief Judge of the United States District Court for the District of Delaware. 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. } . You can also access archived news and announcements from this page. If the need arises for more time, please contact Chambers immediately to inquire whether the calendar permits or if the hearing needs to be rescheduled. 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. font-weight: bold; background-color: #f9f9f9; In what may be a pivotal ruling on the issue nationwide, a bankruptcy court in the influential District of Delaware has ruled that obtaining status as a so-called critical vendor in a commercial Chapter 11 case does not provide a defense if the vendor is later sued for recovery of allegedly preferential payments received from the debtor just prior to the bankruptcy. CourtCall will no longer be used to dial in unless otherwise specified by chambers. 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. Prior to joining Herrick, Rodger was an associate at Wollmuth Maher & Deutsch LLP and a law clerk. Please contact chambers prior to scheduling and/or changing or cancelling a hearing. 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. Judge Dorsey also served as general counsel to Young Conaway for the past five years. . background-color: white; font-size: .9em; On June 11, 2019, John T. Dorsey was sworn in as a United States Bankruptcy Judge for the District of Delaware. .widget-row.Libertarian { Help Desk Contact Information 550), Bankruptcy Court for the District of Delaware, Judge Owens (Bankr. The brief further argues that even if the debtors did not need to pay the make-whole premium, [a]t a minimum, the Debtors must pay interest on the Applicable Premium for the more than 19 months that their chapter 11 cases have been pending, which was approximately $15 million as of the date of the brief. Leonard P. Stark, Chief Judge of the United States District Court for the District of Delaware. 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Mallinckrodts chapter 11 plan treated its first lien notes as unimpaired and did not provide for payment of the make-whole amount and its first lien noteholders objected to that treatment. Holds That Bankruptcy Courts May Enter Final Judgment on Core Fraudulent Transfer Claims Against Party With No Filed Claim, Judge Gross (Bankr. Trustee. 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. Ballotpedia features 409,900 encyclopedic articles written and curated by our professional staff of editors, writers, and researchers. Fee Application Binders: Parties are required seven days prior to a hearing date or when filing a Certificate of No Objection to provide Chambers with a single consolidated electronic binder, in the format of a searchable single PDF file, containing copies of all fee applications under consideration, including supporting documentation such as individual monthly fee applications. Excluding Federal Holidays. . However, we cannot represent you nor can we treat unsolicited information as confidential until we know that doing so will not create a conflict of interest. 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 . font-weight: bold; Jennifer Anna Cole [1] ( 1971-04-26) April 26, 1971 (age 52) Las Vegas, Nevada, U.S. Education. John T. Dorsey is a judge on the United States Bankruptcy Court for the District of Delaware. Delaware Court of Chancery Disruptions or inappropriate behavior may result in removal. A former WilmerHale partner and longtime bankruptcy attorney with U.S. Supreme Court experience was sworn in this week as . Under no circumstances may any Zoom participant photograph, record, or broadcast the proceedings or the participants. In a Nov. 19 filing, FTX argued the full creditor list would be unwieldy and potentially unreliable due to poor recordkeeping by Bankman-Fried. color: white; The goal is to maintain consistency among the judges of the Court. text-align: center; 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 . Delaware Justice of the Peace Courts word-wrap: break-word; A prime example of this can be seen in a recent bench ruling (the "Ruling") by Judge Dorsey in the Cred Inc. 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 . 5th Floor, Courtroom #5 .widget-row.Democratic { 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. Last year, as part of similar proceedings, a judge ordered the release of information on hundreds of thousands of users of bankrupt crypto lender Celsius Network, prompting fears they could become vulnerable to harassment or theft. } Issues First Avoidance Opinion in Rejecting Defendants Argument That Complaint Was Time-barred, Judge Sontchi (Bankr. 1. David Westin speaks with top names in finance about the week's biggest issues on Wall Street. 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. 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.. DOVER, Del. Please refer to the learning module on the Courts website for assistance in uploading and/or replacing e- orders. 302-252-2887 Archive. By Rose Krebs. 11, 2022) (D.I. Please contact Chambers if there will be a delay. District of Delaware. * E-Orders - For step-by-step instructions on uploading E-Orders, please review the electronic learning module under CM/ECF Attorney Training on the Courts website. 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. background-color: red; Witnesses must appear in person or, via Zoom (only if meeting criteria in paragraph A.

} Stephen Selbst is the co-chair of Herricks Restructuring & Finance Litigation Group. 8:00 am - 4:00 pm, Monday - Friday 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 . Delaware Bankruptcy Judge John Dorsey issued a 103 page opinion in In re Mallinckrodt PLC., Case No. 8:00 am - 4:00 pm, Monday - Friday } We're talking about individuals here who are not present individuals who may be at risk if their name and information is disclosed.. When faced with such claims, suppliers have frequently argued that the critical vendor status they obtained earlier in the case, and the fact that their pre-bankruptcy balances were paid (even in full) as a result, serves as a complete defense to a subsequent preference claim. background-color: green; 1. Particularly following Judge Dorseys decisive ruling in Insys Therapeutics, and given the added weight that many bankruptcy courts place on decisions out of Delaware, suppliers to Chapter 11 debtors that obtain critical vendor treatment under the most common types of court orders plainly cannot count on that status to provide a defense if they are later sued for the recovery of pre-bankruptcy payments received during the 90-day preference period. 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. margin: auto; Motions to Shorten If you anticipate filing an objection to a Motion to Shorten, please advise Chambers within 24 hours after the Motion to Shorten is filed. 4. You may share a link to this page on any of the sites listed below. A retired New York bankruptcy judge will oversee mediation proceedings involving bankrupt cryptocurrency players FTX Trading Ltd. and Voyager Digital Holdings Inc. after a Delaware bankruptcy . 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. Wilmington, Delaware 19801 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. In many bankruptcy proceedings, the avoidance of pre-bankruptcy transfers, especially transfers made to a debtors insiders, offers the only chance of providing any distribution to unsecured creditors. D. Delaware County Public Defender Joe Ermeti is also running for the . State Fraudulent Transfer (11 U.S.C. The filing must contain the identity of each witness and the scope of testimony. The procedures for preference cases are contained in the General Order, dated November 16, 2009. 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. Please see below documentation titled Hearing Registration for more information on the registration process. Last week, as reported by Bloomberg, Judge Dorsey (Delaware) ruled that the debtor - Mallinckrodt Plc - did not need to pay a make whole premium to first lien lenders in order to reinstate such obligations under the debtor's chapter 11 plan. In dismissing a trustees action to recover transfers made more than four years prior to the commencement of the bankruptcy case, Judge Dorsey rejected the trustees effort pursuant to section 544(b) of the Bankruptcy Code to apply the Internal Revenue Services ten year lookback period to the disputed transactions. 55) adversary proceeding, currently pending in the United States Bankruptcy Court for the District of Delaware (the "Court"). Judge Spares Ex-CEO of Bankrupt KIT Digital from Additional Jail Time, Herricks Restructuring & Finance Litigation Group. The Court did not rule on the section 550 dispute as to what measure of recovery is appropriate. 1. 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. } display: inline-block; 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. Delaware Court of Common Pleas display: inline-block; background-color: grey; Ballotpedia updates federal judicial profiles at least once a year. } PRETRIAL AND TRIAL PROCEDURES IN PREFERENCE CASES. 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. Prior to joining Young Conaway, Judge Dorsey practiced with Richards Layton & Finger, PC, and served as the State Director for then U.S. 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 Two lawyers who used fake cases generated by ChatGPT, were handed a joint $5,000 fine and ordered to reach out to judges mentioned in the fake cases with information about the situation, marking . Under the Trustees theory . 2033 Years in position 4 Education Bachelor's State University of New York, Binghamton, 1985 Law Wake Forest University School of Law, 1991 John T. Dorsey is a judge on the United States Bankruptcy Court for the District of Delaware. Delaware Alderman's Courts, Courts in Delaware Delaware judicial elections Judicial selection in Delaware. Accordingly, obtaining critical vendor treatment is frequently the best possible outcome for suppliers to a debtor in Chapter 11, allowing them to achieve a significant or even full recovery on their pre-bankruptcy claims when they otherwise would have had a lower-priority claim that may have been paid only in small part and months or years later or not at all. If by declaration when such declaration will be filed. font-size: .9em; v. Other extenuating circumstances that warrant remote participation as may be determined by the Court. } 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. Agendas are required to be filed and e-mailed 48 hours prior to the scheduled hearing. every business bankruptcy case would automatically have a ten-year lookback period for fraudulent transfers under Section 544(b). . All counsel and witnesses are expected to attend in-person hearings unless permitted to appear via Zoom. Javascript must be enabled for the correct page display. f. All hearing agendas must include relevant Zoom registration information and link for participation pursuant to the aforementioned guidelines. 824 N Market St 5th Floor, Courtroom 5 Wilmington, DE 19801 302-533-3169 He is a frequent lecturer on bankruptcy and restructuring topics and has published articles and book chapters on bankruptcy-related topics. 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. News & Announcements: 06/2023. In addition to the provisions of the General Chambers Procedures applicable to adversary procedures, please review the forms for Scheduling Order, Scheduling Order (All Other Matters), Final Pretrial Order and Trial Procedures. ( You can listen to the hearing live at this link. A make-whole premium is a loan provision to compensate a lender if a borrower repays the debt before maturity for the loss of the lenders anticipated yield, and can also be called yield maintenance, or a redemption or prepayment premium. 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.
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