A Settlement Term Sheet Signed After Mediation Was an Enforceable Contract
The state law standards for creation of a contract governed enforceability of a term sheet signed after mediation.
A Receiver May File a Chapter 9 Petition over City Officials’ Objections
The requirement in chapter 9 to negotiate in good faith before filing is satisfied if the parties are ‘simply too far apart,’ says Bankruptcy Judge Chan.
Dismissal Isn’t Mandatory if a New Filing Is Within 180 Days of a Voluntary Dismissal
Courts are split on whether Section 109(g)(2) mandates dismissal whenever an individual or family farmer refiles within 180 days, regardless of whether a lift-stay motion prompted dismissal of the first case.
A Gaming License Isn’t ‘Property’ and Thus Can’t Be Fraudulently Transferred
A gaming license in Pennsylvania is a revocable ‘privilege.’
A Pennsylvania Gambling License Isn’t ‘Property’ Recoverable as a Fraudulent Transfer
Sovereign immunity required dismissal of a suit to recover the value of a gambling license because the suit wasn’t an ancillary exercise of the bankruptcy court’s in rem jurisdiction over a res.
A Nonparty’s Bankruptcy Isn’t Providing Ground for Removal to Federal Court
The right of indemnification by a bankrupt isn’t establishing ‘related to’ jurisdiction in federal court.
‘Earmarking’ Only Applies When a Debtor Receives a Loan from a Third Party
Money taken from a debtor’s own retirement account to pay a creditor does not qualify for the earmarking defense, Chief Judge Fehling says.
Another Example: Student Loans Are Virtually Impossible to Discharge
District court second-guesses the sufficiency of evidence that the bankruptcy court found sufficient.
Emotional Distress Damages Awarded for Civil Contempt on Automatic Stay Violation
Philadelphia judge socks the city’s parking authority for impounding a debtor’s car twice.
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.