March 23, 2021
A triangular setoff valid under state law does not satisfy the mutuality requirement in Section 553(a).
March 18, 2021
The Third Circuit found loopholes in the purchase agreement permitting the buyer to assert an administrative claim, even though the breakup fee was disallowed.
January 15, 2021
Dissenter would have upheld horizontal gifting on the merits.
January 11, 2021
Finding a proper exercise of regulatory power isn’t required to invoke the exception to the automatic stay.
November 25, 2020
Pursuing appointment benefitted the professional career of the applicant and did not benefit the estate, Judge Silverstein said.
3rd Circuit , Delaware ,
November 20, 2020
Sometimes, being too aggressive backfires when the defendant files bankruptcy.
November 16, 2020
Before paying up front for a lifetime club membership, read the fine print and consult a lawyer.
October 9, 2020
A gaming license in Pennsylvania is a revocable ‘privilege.’
October 1, 2020
An obligation can be penal in nature, and thus nondischargeable, even though it’s measured by pecuniary loss.
September 16, 2020
Delaware district judge holds that the final bid at auction, not the lender’s last credit bid, fixes the value of the lender’s collateral.
3rd Circuit , Delaware ,