THE DISPUTE
USA, Texas, Energy & Natural Resources, Insolvency & Restructuring, Litigation, K&L Gates LLP, European Securities and Markets Authority, Title 11 of the US Code, United States bankruptcy court
In B.E. Capital Management Fund LP v. Fund.Com Inc., C.A. No. 12843-VCL (Del. Ch. October 4, 2017), the Delaware Court of Chancery denied an appeal from a receiver’s decision disallowing a claim for breach of contract against a company in receivership. The Court held that the appropriate standard of review for an appeal of a receiver’s decision was de novo as to both law and facts, and in particular, that the Court had discretion to consider additional evidence not presented on record to the receiver.
USA, Delaware, Insolvency & Restructuring, Litigation, K&L Gates LLP, Breach of contract, Statute of limitations, Standard of review, Delaware General Corporation Law, Delaware Court of Chancery