Cory D. Kandestin

Counsel

302.651.7802
302.498.7701 (fax)
kandestin@rlf.com
Cory Kandestin focuses primarily on bankruptcy litigation, handling large fraudulent transfer actions, contested plan confirmations, breach of fiduciary duty claims, and solvency/insolvency litigation. Cory graduated first in his class at Vanderbilt University Law School, where he served as an associate editor of the Vanderbilt Law Review and was a member of the Moot Court Board and the Mock Trial Board.
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Select Experience

  • Conex Holdings: Represented pre-bankruptcy sellers of company who were sued for breach of fiduciary duty and fraudulent transfer 
  • Franklin Bank Corporation: Represented indenture trustee in appeal of adverse ruling; obtained reversal 
  • Digital Domain: Represented foreign defendants in fraudulent transfer action seeking to avoid sale transaction 
View Experience >
Cory Kandestin focuses primarily on bankruptcy litigation, handling large fraudulent transfer actions, contested plan confirmations, breach of fiduciary duty claims, and solvency/insolvency litigation. Cory graduated first in his class at Vanderbilt University Law School, where he served as an associate editor of the Vanderbilt Law Review and was a member of the Moot Court Board and the Mock Trial Board.

Experience

  • Conex Holdings: Represented pre-bankruptcy sellers of company who were sued for breach of fiduciary duty and fraudulent transfer 
  • Franklin Bank Corporation: Represented indenture trustee in appeal of adverse ruling; obtained reversal 
  • Digital Domain: Represented foreign defendants in fraudulent transfer action seeking to avoid sale transaction 
  • Radnor Holdings Corporation: Represented secured lender against claims of fraud and misrepresentation 
  • Security National Properties: Represented bank acting as agent for lenders in contested plan confirmation 
  • Cynergy Data: Defended former shareholder in $50m fraudulent transfer and fiduciary duty litigation brought by debtor 
  • Reliant Energy Channelview: Represented debtor in litigation with stalking horse bidder and litigation with asset purchaser 
  • Trident Microsystems: Acted as special counsel to Cayman Islands official liquidators 
  • Pitt Penn Holding: Defended clearing broker sued by debtor 
  • Eclipse Aviation: Represented noteholders intervening in constructive trust litigation between debtor and former customers 
  • Magna Entertainment: Represented debtor in litigation against former owner 
  • Charys Holding: Represented debtor in contested confirmation litigation 
  • Linens ‘n Things: Provided variety of litigation services to this debtor, including defense of Rule 2004 motion, enforcement of automatic stay, evaluating and commencing multiple preference actions 
  • Diamond Glass: Represented debtor’s principal stockholder in guaranty litigation with lenders 
  • Teleglobe Communications: Represented debtor in fiduciary duty litigation against parent company

Publications

  • "When a Settlement No Longer Is Consensual," ABA, August 4, 2014   View >
  • "Tracing Del. Bankruptcy Court's Unclear Tracing Rules," Delaware Business Court Insider, May 22, 2013   View >
  • "View Emerging That Stern v. Marshall Does Not Apply to Fraudulent Transfer Claims," Delaware Business Court Insider, May 23, 2012   View >
  • "Delaware's Solvency Test: What Is It and Does It Make Sense?," Delaware Journal of Corporate Law, 2011   View >
  • “Delaware's Solvency Test: What Is It and Does It Make Sense?,” Delaware Journal of Corporate Law, 2011 (quoted in Quadrant Structured Prods. Co. v. Vertin, 102 A.3d 155, 176 (Del. Ch. Oct. 1, 2014); and Quadrant Structured Prods. Co. v. Vertin, --- A.3d ----, 2015 WL 2062115, at *15, 16 (Del. Ch. May 4, 2015)).  
  • “The Duty to Creditors in Near-Insolvent Firms: Eliminating the Near-Insolvency Distinction,” 60 Vand. L. Rev. 1235 (2007) (quoted in Sanford v. Waugh & Co., Inc., 328 S.W.3d 836, 844 (Tenn. 2010)).

Presentations

  • "Mock Oral Argument for Bankruptcy Inns of Court for Delaware and New Jersey," June 15, 2010

Education

  • J.D., Vanderbilt University Law School, Founder's Medal for First Honors, Order of the Coif, 2007
  • B.A., with distinction, McGill University, 2004

Admitted to Practice

  • Delaware, 2007

Pro Bono Activities

  • Guardian ad Litem, Office of the Child Advocate

Experience

  • Conex Holdings: Represented pre-bankruptcy sellers of company who were sued for breach of fiduciary duty and fraudulent transfer 
  • Franklin Bank Corporation: Represented indenture trustee in appeal of adverse ruling; obtained reversal 
  • Digital Domain: Represented foreign defendants in fraudulent transfer action seeking to avoid sale transaction 
  • Radnor Holdings Corporation: Represented secured lender against claims of fraud and misrepresentation 
  • Security National Properties: Represented bank acting as agent for lenders in contested plan confirmation 
  • Cynergy Data: Defended former shareholder in $50m fraudulent transfer and fiduciary duty litigation brought by debtor 
  • Reliant Energy Channelview: Represented debtor in litigation with stalking horse bidder and litigation with asset purchaser 
  • Trident Microsystems: Acted as special counsel to Cayman Islands official liquidators 
  • Pitt Penn Holding: Defended clearing broker sued by debtor 
  • Eclipse Aviation: Represented noteholders intervening in constructive trust litigation between debtor and former customers 
  • Magna Entertainment: Represented debtor in litigation against former owner 
  • Charys Holding: Represented debtor in contested confirmation litigation 
  • Linens ‘n Things: Provided variety of litigation services to this debtor, including defense of Rule 2004 motion, enforcement of automatic stay, evaluating and commencing multiple preference actions 
  • Diamond Glass: Represented debtor’s principal stockholder in guaranty litigation with lenders 
  • Teleglobe Communications: Represented debtor in fiduciary duty litigation against parent company

Education

  • J.D., Vanderbilt University Law School, Founder's Medal for First Honors, Order of the Coif, 2007
  • B.A., with distinction, McGill University, 2004

Publications

  • "When a Settlement No Longer Is Consensual," ABA, August 4, 2014   View >
  • "Tracing Del. Bankruptcy Court's Unclear Tracing Rules," Delaware Business Court Insider, May 22, 2013   View >
  • "View Emerging That Stern v. Marshall Does Not Apply to Fraudulent Transfer Claims," Delaware Business Court Insider, May 23, 2012   View >
  • "Delaware's Solvency Test: What Is It and Does It Make Sense?," Delaware Journal of Corporate Law, 2011   View >
  • “Delaware's Solvency Test: What Is It and Does It Make Sense?,” Delaware Journal of Corporate Law, 2011 (quoted in Quadrant Structured Prods. Co. v. Vertin, 102 A.3d 155, 176 (Del. Ch. Oct. 1, 2014); and Quadrant Structured Prods. Co. v. Vertin, --- A.3d ----, 2015 WL 2062115, at *15, 16 (Del. Ch. May 4, 2015)).  
  • “The Duty to Creditors in Near-Insolvent Firms: Eliminating the Near-Insolvency Distinction,” 60 Vand. L. Rev. 1235 (2007) (quoted in Sanford v. Waugh & Co., Inc., 328 S.W.3d 836, 844 (Tenn. 2010)).

Presentations

  • "Mock Oral Argument for Bankruptcy Inns of Court for Delaware and New Jersey," June 15, 2010