Third Circuit Importuned to Rule on Survival of the Solvent-Debtor Exception
Sticking to her guns, Bankruptcy Judge Mary Walrath rules that the solvent-debtor exception was abrogated by the adoption of the Bankruptcy Code, but certifies a direct appeal to the Court of Appeals.
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A Two-Year Delay in Filing a Retention Application Resulted in Denial of Fees
Pittsburgh Bankruptcy Judge Gregory Taddonio says that lawyers must search in PACER before signing up a new client.
Court Halts States’ Police and Regulatory Suits against Non-Debtor Johnson & Johnson
In spreading the automatic stay, the bankruptcy court again employed the traditional analysis without recognition that the non-debtors are solvent.
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Marrying an Adversary Doesn’t Mean Disqualification, Third Circuit Says
Following the Model Rules and erecting ethical screens allows adversary lawyers to date and marry.
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Collateral Estoppel Can Bar Use of Federal Rule 45 to Quash a Subpoena, Circuit Says
Third Circuit says: You can object to a Rule 2004 discovery motion or move to quash a subpoena under Federal Rule 45, but not both.
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Bankruptcy Courts Always Have Post-Confirmation Jurisdiction for ‘Core’ Matters
The Third Circuit opinion by Thomas Ambro explained that the ‘close nexus’ test does not apply when a post-conformation dispute is ‘core’ or entails enforcing a court order.
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A ‘Notwithstanding’ Clause May Not Control a Specific Provision, District Judge Says
An appeal to the Third Circuit may tell us whether a ‘notwithstanding any other provision’ clause really means what it says.
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Third Circuit Sets the Standard for Qualification of a Future Claimants’ Representative
A representative of future claimants must meet a higher standard than disinterestedness, the Third Circuit said, but technical conflicts may not be disqualifying.
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Delaware Judge Approves ‘Uptier’ Financing that Involuntarily Subordinated Debt
Bankruptcy Judge Craig T. Goldblatt declined to interpret an indenture’s ratable treatment clause as anti-subordination in disguise.
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Delaware Supreme Court: No ‘Insolvency Exception’ for Asset Sales
Delaware corporations must have shareholder approval to sell all or substantially all assets outside of bankruptcy.
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