April 19, 2024
The Supreme Court again retreated from the idea that there’s a strong federal policy in favor of arbitration.
April 5, 2024
The district court properly reversed and dismissed for lack of subject matter jurisdiction under Barton.
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 ,
February 27, 2024
Two North Carolina Courts have held within two months that the Bankruptcy Clause doesn’t demand ‘financial distress’ to establish subject matter jurisdiction.
February 26, 2024
The Fifth Circuit used Section 363(m) to avoid ruling on equitable mootness following consummation of a chapter 11 plan.
February 23, 2024
Extending statutes of limitations does not affect ‘substantive’ rights, thus the Rules Enabling Act does not preclude a rule from allowing an extension, Judge Julie Manning says.
February 14, 2024
If the requisites for a preliminary injunction are met, a trustee might be able to freeze some of a preference defendant’s assets when a prejudgment attachment is not available.
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 ,
February 6, 2024
A debtor has one bite at the apple to enforce discharge. Take your pick: state or federal court, but not both.
January 30, 2024
When there has been a division of marital property, does a debtor only hold legal title to property given to the spouse?