Last month, we reported on two recent Delaware cases that came to opposite conclusions as to whether a bankruptcy court has subject matter jurisdiction over state law claims asserted by a post-confirmation litigation trust: IT Litigation Trust v.
Update on Bankruptcy Court Subject Matter Jurisdiction
Last month, we reported on two recent Delaware cases that came to opposite conclusions as to whether a bankruptcy court has subject matter jurisdiction over state law claims asserted by a post-confirmation litigation trust: <i>IT Litigation Trust v. D'Aniello, et al.</i> (<i>In re: IT Group, Inc., et al.</i> held that the court had subject matter jurisdiction over such claims, while <i>Shandler v. DLJ Merchant Banking, Inc., et al.</i> (<i>In re Insilco Technologies, Inc.</i>)(<i>Insilco</i>) held that it did not. After the article went to press, the Delaware courts weighed in on the subject for the third time in only 3 months. This article provides the update.
By
Daniel J. Defranceschi, Russell C. Silberglied And Chun I. JangThis premium content is locked for The Bankruptcy Strategist subscribers only
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