September 14, 2020
The government lost a winnable appeal by failing to present evidence in bankruptcy court.
3rd Circuit , Delaware ,
September 9, 2020
Since they weren’t bankruptcy lawyers, the firm wasn’t disqualified for the first nondisclosure offense. The second time, Delaware’s Judge Dorsey ordered disqualification and disgorgement
3rd Circuit , Delaware ,
August 31, 2020
Pragmatic opinion by Circuit Judge Ambro allows cramdown to achieve ‘rough justice.’
August 28, 2020
Even when after a finding of bad faith, the court retains discretion to deny punitive damages, Third Circuit says. Compensatory damages are not available if the debtor was failing anyway.
August 7, 2020
Third Circuit’s Judge Bibas says that courts use the wrong nomenclature when they say that creditors lack standing to pursue claims belonging to the estate. It’s a question of statutory authority, he said, not standing.
July 30, 2020
On an issue with no appellate authority, a Delaware district judge rules that federal income taxes are administrative claims if filing occurs before the year’s end.
3rd Circuit , Delaware ,
April 9, 2020
Delaware district judge permits remand when the suit was subject to mandatory abstention.
3rd Circuit , Delaware ,
March 27, 2020
Environmental fines are discharged in chapter 11 because they do not result from pecuniary loss.
3rd Circuit , Delaware ,
February 20, 2020
Appeals court says that using a trust for future asbestos claims rather than a bar order would be cheaper and avoid unnecessary litigation.
February 17, 2020
The bankruptcy court had ‘core’ jurisdiction over a dispute between two nondebtor third parties because the litigation involved the interpretation of a financing order.