Third Circuit Rejects Triangular Setoffs and Adopts Rationale by Judge Shannon
A triangular setoff valid under state law does not satisfy the mutuality requirement in Section 553(a).
Court:
Third Circuit Resurrects an ‘Admin’ Claim When the Stalking Horse Had No Breakup Fee
The Third Circuit found loopholes in the purchase agreement permitting the buyer to assert an administrative claim, even though the breakup fee was disallowed.
Court:
Third Circuit Upholds Equitable Mootness over a Dissent
Dissenter would have upheld horizontal gifting on the merits.
Court:
Bankruptcy Judge Won’t Rule on the Constitutionality of Pandemic Regulations
Finding a proper exercise of regulatory power isn’t required to invoke the exception to the automatic stay.
Pursuing Appointment as a Future Claims Representative Isn’t Compensable in Delaware
Pursuing appointment benefitted the professional career of the applicant and did not benefit the estate, Judge Silverstein said.
Court:
Exercise Caution in Electing Remedies Against Someone Who May File Bankruptcy
Sometimes, being too aggressive backfires when the defendant files bankruptcy.
‘Lifetime’ Club Memberships May Not Survive Bankruptcy
Before paying up front for a lifetime club membership, read the fine print and consult a lawyer.
Court:
A Gaming License Isn’t ‘Property’ and Thus Can’t Be Fraudulently Transferred
A gaming license in Pennsylvania is a revocable ‘privilege.’
Repaying Salary After Arrest Isn’t Compensation for Loss and Isn’t Dischargeable
An obligation can be penal in nature, and thus nondischargeable, even though it’s measured by pecuniary loss.
Court:
A Credit Bid Doesn’t Cap the Value of a Secured Lender’s Collateral
Delaware district judge holds that the final bid at auction, not the lender’s last credit bid, fixes the value of the lender’s collateral.
Court: