October 1, 2021
There can be no question about whether the beneficiary of a surety bond has been ‘paid in full’ before the surety has subrogation rights.
September 27, 2021
Newly applicable law permitted a chapter 13 debtor to cram down a lien that the debtor previously had considered to be valid.
3rd Circuit , Delaware ,
September 22, 2021
The Third Circuit made more rules to decide whether an insurance company can be insulated from failure-to-warn claims by the channeling injunction in a chapter 11 ‘asbestos’ plan.
September 16, 2021
Lack of authority on point is no defense to a willful violation of the automatic stay, according to the Third Circuit.
September 14, 2021
On a question where the courts are split, a New Jersey bankruptcy judge allowed the chapter 13 debtor to retain a $100,000 increase in value when he sold his home.
September 7, 2021
Although Section 1141(d)(1) sets a default rule only discharging claims that arose before confirmation, Circuit Judge Ambro says that a plan may alter the default rule and allow discharge of administrative claims arising after confirmation.
September 2, 2021
The Supreme Court’s Grupo Mexicano decision doesn’t bar a bankruptcy court from freezing a defendant’s assets prior to judgment in a fraud action, Judge Sontchi says.
3rd Circuit , Delaware ,
July 27, 2021
Critical vendor status is a defense to a preference claim only when the defendant was specifically named in an order, stipulation or agreement requiring full payment of the creditor’s prepetition claim, Judge Dorsey says.
3rd Circuit , Delaware ,
July 9, 2021
Courts are split on whether a debtor may amend a chapter 13 plan to cure post-petition defaults on a principal residence.
July 7, 2021
A standard provision in a trust indenture meant no recovery for the indenture trustee’s attorneys.
3rd Circuit , Delaware ,