July 2, 2021
In Pennsylvania, a gaming license isn’t ‘property.’ It’s a revocable license that can’t be owned.
July 1, 2021
Closing a chapter 11 case after confirmation to avoid U.S. Trustee fees won’t be necessary if the ruling by Judge Sontchi holds up.
3rd Circuit , Delaware ,
June 9, 2021
An administrative creditor isn’t a ‘guarantor’ of the success of the project, Delaware’s Bankruptcy Judge Goldblatt says.
3rd Circuit , Delaware ,
June 8, 2021
Recent Supreme Court authority supports the conclusion by Delaware’s Judge Sontchi that law from the jurisdiction of incorporation, not federal common law, determines what is or isn’t a business trust eligible for chapter 11.
3rd Circuit , Delaware ,
May 28, 2021
Circuit Judge Ambro generously interprets Katz to mean that ratification of the Constitution waived state sovereign immunity broadly for suits to augment a bankrupt estate.
May 26, 2021
The ‘Countryman’ definition of an executory contract allows a debtor sell a contract without curing a default if the non-debtor counterparty has no further material, unperformed obligations.
May 11, 2021
Not having challenged pre-petition liens on time, a chapter 7 trustee was barred from taking over an adversary proceeding initiated by a now-dissolved chapter 11 creditors’ committee.
3rd Circuit , Delaware ,
April 26, 2021
Third Circuit dicta suggests that failure to create a trust is constitutionally deficient and won’t discharge claims of ‘unknown’ creditors in a chapter 11 plan.
April 16, 2021
Delaware bankruptcy judge trusts that dating lawyers at adversary firms didn’t disclose client confidences.
3rd Circuit , Delaware ,
March 29, 2021
Splitting with the Sixth Circuit, Pittsburgh district judge rules that a FLSA suit falls within the ‘police and regulatory’ exception to the automatic stay.