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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.

7 minute read January 26, 2006 at 09:48 AM
By
Daniel J. DeFranceschi, Russell C. Silberglied and Chun I. Jang
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: IT Litigation Trust v.

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