Carl D. Neff

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On August 5, 2021, the Delaware Court of Chancery issued revised Guidelines for Persons Litigating in the Court of Chancery.   According to the Court’s press release, the Guidelines “review the expectations for remote and courtroom hearings and trials and offer best practices for litigating cases in the Court of Chancery.”  These Guidelines are a “must-read” for any litigator practicing before the Court of Chancery. The Court of Chancery previously issued original Guidelines in…
Earlier this month, on July 8, 2021, Pipeline Foods, LLC and its affiliated debtors (“Pipeline”) filed for Chapter 11 protection in the United States Bankruptcy Court for the District of Delaware.  The debtors’ bankruptcy cases are jointly administered before the Honorable Karen B. Owens under Case No. 21-11002. Pipeline’s Chief Executive Officer, Anthony Sepich, stated: “[t]he impact of the Coronavirus (COVID-19) pandemic coupled with the Company’s secured debt obligations have caused significant financial distress on our…
On July 12, 2021, the Court of Chancery issued Standing Order No. 6.  The standing order extends the permitted use of unsworn declarations, verifications, certificates, statements, oaths, or affidavits in filings with the Court of Chancery, pursuant to 10 Del. C. § 3927, until September 30, 2021. Citing that many law firms and businesses that litigate in the Court of Chancery continue to operate remotely to prevent the spread of COVID-19, the Court…
Recently, on July 13, 2021, the Chief Judge of the United States District Court for the District of Delaware issued a Revised Standing Order lifting the requirement that face masks be worn in public areas of the courthouse by those who are fully vaccinated against COVID-19.  The Revised Standing Order impacts each of the courthouses of the District of Delaware and the Delaware Bankruptcy Court.  Per the standing order, judges retain the ability to require…
The United States District Court for the District of Delaware recently issued a Jury Trial Notice on April 5, 2021, stating that jury trials will resume, subject to the discretion of each individual judge as to whether and when any particular case will proceed to trial. Previously, on February 5th, the Chief District Court Judge issued a Standing Order RE: Criminal and Civil Jury Trial Suspension, which cancelled all jury trials for two months,…
Another energy company has succumbed to bankruptcy in the wake of the Covid-19 pandemic. Nine Point Energy Holdings, Inc., a private exploration & production company focused on the Williston Basin, and its affiliates, including Foxtrot Resources LLC, filed for chapter 11 protection in the United States Bankruptcy Court for the District of Delaware, on March 15, 2021.  The Chapter 11 petition states that the company’s liabilities are between $100 million and $500 million. The Denver-based…
Wardman Hotel Owner LLC (“Wardman” or “Debtor”) filed for Chapter 11 bankruptcy on January 11, 2021, ending its management contract with Marriott International. The Chapter 11 petition was filed in the U.S. Bankruptcy Court for the District of Delaware. The Wardman Park, one of the largest hotels in Washington, D.C. with 1,152 rooms, opened in 1918, during the Spanish Flu pandemic. According to the Debtor’s chapter 11 petition, Wardman reports $100 to $500 million in…
My colleagues at FisherBroyles, LLP, Kevin Gluntz and Paul D. Economon, have recently authored an insightful article on the extension and modification of the Paycheck Protection Program (PPP), titled Client Alert – PPP Re-Run!  The contents of the article are set forth below. Client Alert- PPP Re-Run! A copy of this Client Alert can be found HERE. Congress Extends and Modifies Paycheck Protection Program After significant and inexplicable delays, Congress has agreed on…
On December 30, 2020, the Delaware Supreme Court extended the current judicial emergency for an additional 30 days, effective January 4, 2021.  The Chief Justice of the Delaware Supreme Court issued Administrative Order No. 15 memorializing the same. Previously, on October 5, 2020, the Delaware Courts had moved to a modified Phase 3 of the Delaware Judiciary’s four-phase reopening plan that was released in May by the Courts Reopening Committee.  The move to a modified…
On December 27, 2020, the much-anticipated Consolidated Appropriations Act, 2021 (“CAA”) was signed into law.  The CAA contains several COVID-19-related amendments to the United States Bankruptcy Code, 11 U.S.C. §§ 101, et seq. (“Bankruptcy Code”), which may impact many types of creditors. The “Bankruptcy Relief” amendments are set forth in Title X of the CAA. The CAA contains several amendments of significance to creditors, which will be discussed in subsequent posts. This post will focus…