Delaware Bankruptcy Judge Reminds Plaintiffs Seeking
Prejudgment Injunctive Relief to Keep Grupo Mexicano and
Granfinanciera in Mind
In April, Delaware Bankruptcy Judge John Dorsey issued a
Memorandum Opinion in BYJU's Alpha, Inc. v. Camshaft
Capital Fund, LP (In re BYJU's Alpha, Inc.), 661 B.R. 109
(Bankr. D. Del. 2024), considering whether the Bankruptcy Court had
the authority to grant the Debtor's request for prejudgment
attachment of missing assets where the Debtor had asserted
fraudulent transfer claims seeking monetary relief. In other words,
could the Bankruptcy Court grant prejudgment injunctive relief
where the plaintiff asserted a claim sounding in law?
The court began with a brief discussion of the U.S. Supreme
Court's rulings in Grupo Mexicano de Desarrollo S.A. v.
Alliance Bond Fund, Inc., 527 U.S. 308 (1999) and
Granfinanciera, S.A. v. Nordberg, 492 U.S. 33 (1989). In
Grupo Mexicano, the U.S. Supreme Court considered whether
a district court had
