business Cases
October 28, 2024
3rd Circuit , Delaware ,
At least with regard to standing for objections to claims, Delaware’s Judge Craig Goldblatt believes that the Truck Insurance standard for chapter 11 also applies in chapter 7.
October 23, 2024
Dilatory actions by a debtor tolled statutes of limitations for a trustee’s suit against a third party.
October 18, 2024
Once affirmed in the Ninth Circuit, the debtor could file a petition for certiorari to resolve an important circuit split on assumption of intellectual property contracts.
October 17, 2024
An opinion by Bankruptcy Judge Carl L. Bucki might be read, incorrectly, to mean that Purdue precludes preliminary injunctions stopping suits against nondebtors.
October 11, 2024
Conducting a valuation hearing on a cramdown plan isn’t always required.
October 10, 2024
When a DIP sues a former officer, the bankruptcy ‘exception’ in a D&O policy provides coverage when the ‘insured vs. insured’ exclusion would otherwise deny coverage.
October 9, 2024
The Supremacy Clause allows bankruptcy courts to set aside erroneous decisions by state courts about the applicability of the automatic stay.
October 2, 2024
Because ‘excusable neglect’ won’t allow a late vote to be counted, counsel must solicit votes on a plan before the voting deadline.
October 1, 2024
3rd Circuit , Delaware ,
Nondebtor releases are valid whether the creditor votes for or against the plan, as long as notice to opt out was clear and conspicuous.
September 30, 2024
3rd Circuit , Delaware ,
The Delaware district court affirmed Bankruptcy Judge Thomas Horan, who ruled that a creditor cannot sue a chapter 15 debtor in bankruptcy court on a prebankruptcy claim.