March 22, 2024
A creditor’s actual knowledge that a bankruptcy case exists isn’t enough for the creditor to be bound by a plan injunction, Delaware’s Judge Silverstein says.
3rd Circuit , Delaware ,
March 7, 2024
Under binding circuit precedent, a Delaware district judge ruled that an order denying a motion to dismiss a chapter 11 case is final and appealable.
3rd Circuit , Delaware ,
February 20, 2024
Can Section 327(c) be unconstitutional as applied if it deprives shareholders of standing when the estate might be solvent?
3rd Circuit , Delaware ,
February 15, 2024
Prof. Westbrook believes there is no common law alternative to chapter 15.
February 8, 2024
Like Bankruptcy Judge Lopez in Houston, Delaware’s Judge Goldblatt decided that Delaware law governing LLCs can’t eliminate rights that are fundamental in federal bankruptcy law.
3rd Circuit , Delaware ,
January 31, 2024
Bifurcated fee arrangements are cumbersome, temporary fixes for a problem that the Supreme Court created in Lamie.
January 24, 2024
Although examiners must be appointed on motion, the Third Circuit says that the bankruptcy court retains ‘broad discretion’ to fix the scope and cost of the investigation.
December 27, 2023
No reverse condemnation occurred when the state took over a debtor’s property to prevent an imminent threat to public health.
3rd Circuit , Delaware ,
December 26, 2023
The Third Circuit gave royalty owners a constructive trust over royalties improperly paid to secured creditors. The circuit court did not rule on remedy.
December 21, 2023
A D&O policy covering securities claims doesn’t provide coverage for a claim resulting from a fraudulent transfer, the Delaware Supreme Court rules.
3rd Circuit , Delaware ,