December 20, 2022
Although deposed as debtor in possession, the Subchapter V debtor retains the sole power to file a chapter 11 plan.
3rd Circuit , Delaware ,
December 9, 2022
Sticking to her guns, Bankruptcy Judge Mary Walrath rules that the solvent-debtor exception was abrogated by the adoption of the Bankruptcy Code, but certifies a direct appeal to the Court of Appeals.
3rd Circuit , Delaware ,
August 17, 2022
An appeal to the Third Circuit may tell us whether a ‘notwithstanding any other provision’ clause really means what it says.
3rd Circuit , Delaware ,
July 11, 2022
Bankruptcy Judge Craig T. Goldblatt declined to interpret an indenture’s ratable treatment clause as anti-subordination in disguise.
3rd Circuit , Delaware ,
June 24, 2022
Delaware corporations must have shareholder approval to sell all or substantially all assets outside of bankruptcy.
3rd Circuit , Delaware ,
June 21, 2022
The amendment to Section 547(b) does not require a preference complaint to explain why the defendant doesn’t have affirmative defenses, Judge Walrath says.
3rd Circuit , Delaware ,
April 1, 2022
Submitting a retention order with the wrong word resulted in a pivotal issue on appeal.
3rd Circuit , Delaware ,
March 15, 2022
A claim of the IRS can provide a 10-year lookback for avoidance actions, but the claim must have been filed.
3rd Circuit , Delaware ,
February 23, 2022
Judge Sontchi set aside a prior order preventing the trustee from controlling litigation brought in the trustee’s name.
3rd Circuit , Delaware ,
February 9, 2022
Mallinckrodt’s nondebtor releases didn’t have the defects that infected Purdue and Patterson.
3rd Circuit , Delaware ,