State Law Determines Whether Post-Filing Mechanic’s Liens Are Voidable
Bankruptcy courts can enter final orders voiding mechanic’s liens, Third Circuit says.
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Delaware District Judge Issues Important Opinion on Third-Party Releases
Bankruptcy courts can’t issue final orders approving third-party releases in chapter 11 plans.
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Indenture Trustee’s Counsel Fees Are Measured by a Different Standard
Indenture trustee’s fees to defend fees are compensable despite Baker Botts.
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Does the Lenders’ Lien Attach When a Shipper Disregards a Demand to Stop Delivery?
Is a reclamation notice required if a shipper delivers goods despite a demand to stop delivery?
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A Proper Foreclosure Sale Can Never Be a Preference, Judge Holds
Despite gaining more than through chapter 7, purchasing at foreclosure is no preference.
Delaware Judge Disregards Committee Fee Cap if a Chapter 11 Plan Is Confirmed
Standard carveout only limits committee counsel fees if no chapter 11 plan is confirmed.
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Impending Circuit Split on ‘Makewholes’ Prompts Rehearing Motion by Energy Future
Energy Future claims Third Circuit panel misinterpreted governing New York law.
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‘Close Nexus’ Test Not Always Applicable for Post-Confirmation Jurisdiction
Rule 2004 may be used after confirmation, even if the plan does not reserve jurisdiction.
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Insurance Companies Have Fewer Protections than Landlords and Aircraft Lessors
Absent special-interest legislation for bankruptcies, insurance companies remain in limbo.
Bankruptcy Powers Do Not Override Congressionally Mandated Internet Confidentiality
Third party’s emails are immune from discovery in bankruptcy, Judge Sontchi rules.
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