January 31, 2022
The opinion by Judge Silverstein contains numerous sound bites for judges and debtors aiming to discharge student loans owed by individuals living in desperate circumstances.
3rd Circuit , Delaware ,
January 3, 2022
Chapter 7 trustee was precluded from terminating a lawsuit because a secured lender had been given the right to settle.
3rd Circuit , Delaware ,
December 28, 2021
Split grows on allowance of makewholes and what constitutes disallowed, unmatured interest.
3rd Circuit , Delaware ,
December 8, 2021
Although a chapter 11 plan can bind parties throughout the world, Judge Sontchi wouldn’t let a foreign debtor sue a foreign bank in the Delaware bankruptcy court over a transaction that occurred in England.
3rd Circuit , Delaware ,
October 26, 2021
Notice by email may satisfy due process but doesn’t comply with notice by ‘mail’ under Bankruptcy Rule 2002.
3rd Circuit , Delaware ,
September 27, 2021
Newly applicable law permitted a chapter 13 debtor to cram down a lien that the debtor previously had considered to be valid.
3rd Circuit , Delaware ,
September 2, 2021
The Supreme Court’s Grupo Mexicano decision doesn’t bar a bankruptcy court from freezing a defendant’s assets prior to judgment in a fraud action, Judge Sontchi says.
3rd Circuit , Delaware ,
July 27, 2021
Critical vendor status is a defense to a preference claim only when the defendant was specifically named in an order, stipulation or agreement requiring full payment of the creditor’s prepetition claim, Judge Dorsey says.
3rd Circuit , Delaware ,
July 7, 2021
A standard provision in a trust indenture meant no recovery for the indenture trustee’s attorneys.
3rd Circuit , Delaware ,
July 1, 2021
Closing a chapter 11 case after confirmation to avoid U.S. Trustee fees won’t be necessary if the ruling by Judge Sontchi holds up.
3rd Circuit , Delaware ,