Summary
In a 12 page decision released June 2, 2015, Judge Gross of the Delaware Bankruptcy Court gives us our first Delaware specific insight into how the U.S. Supreme Court's Wellness opinion will be interpreted. Judge Gross' opinion is available here (the "Opinion"). The Opinion was issued in the adversary proceeding SNMP Research Int'l. v. Nortel Networks Inc., Case No. 11-53454. For a review of the Supreme Court's Wellness Opinion, please take a look at this blog post authored by Carl Neff: United States Supreme Court Expands Power of Bankruptcy Courts- Wellness Int'l v. Sharif.
In this Opinion, the Court addressed the "narrow but complex issue" of whether it has "authority to enter judgments or orders with respect to the claims of the plaintiff, a non-debtor, against a non-debtor defendant for what are clearly non-core claims..." Opinion at *1.
Background
On January 14, 2009, Debtors filed petitions for relief pursuant to Chapter 11 of the Bankruptcy Code. On November 2, 2011, SNMP filed its original complaint against Debtors...
