Receivership May Not Preclude a Board’s Ability to File Bankruptcy
A receiver who is not ‘disinterested’ can justify putting a company in bankruptcy.
Tax Sales Can Be Avoided as Preferences, New Jersey Judge Rules
Federalism concerns do not protect tax foreclosures like they do mortgage foreclosures, Judge Gravelle says.
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Criminal Restitutions Are Not Recoverable as Preferences, Judge Agresti Says
Restitution payment does not qualify for the new value preference defense.
‘Gift Plan’ Succeeds in Delaware Despite Jevic’s Ban on ‘Structured Dismissals’
Case shows why gift plans and structured dismissals demand a different analysis.
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Third Circuit Adopts High Standard for WARN Act Liability
Six circuits now require probability of layoffs as a condition to WARN Act liability.
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Jurisdiction Continues After Confirmation to Complete a Pending Lawsuit
Third Circuit says ‘related to’ jurisdiction can’t be destroyed by subsequent events.
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Goods Delivered Directly to a Debtor’s Customers Never Qualify for 503(b)(9)
Judge Shannon writes an important decision for the era of ecommerce.
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Receipt under Section 503(b)(9) Occurs on Physical Possession, Third Circuit Holds
Third Circuit aids suppliers because ‘receipt’ can occur after ‘delivery.’
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Look Forward 5 Years, Not 25, on Debtor’s Inability to Repay Student Loans, Judge Says
Term of the loan is the ‘relevant period’ for judging student loan dischargeability.
Bankruptcy Court Can Rule on Personal Injury Claim with Creditor’s Implied Consent
Supreme Court held that Section 157(b)(5) is not jurisdictional, Delaware district judge says.
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