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
Two’s company when it comes to debt funding. Surely, three makes things a little crowded? It doesn’t have to be that way.