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Displaying Journal Articles with Topic 3rd Circuit
December 7, 2018
A Lack of ‘Stern’ Jurisdiction Bars a Transfer Under 28 U.S.C. § 1631
Third Circuit makes a fine distinction regarding bankruptcy courts as ‘courts of the U.S.’
December 4, 2018
A Tenant with a Rejected Lease Could End Up Paying No Rent, Third Circuit Says
A tenant with a rejected lease retains ‘recoupment’ rights in addition to the protections in Section 365(h).
November 28, 2018
Delaware Judge Allows Unsecured Claim for Contractual Attorneys’ Fees
Delaware district judge reads Supreme Court’s Travelers opinion as requiring the allowance of post-petition contractual claims for attorneys’ fees.
November 19, 2018
Triangular Setoff Barred (Again) in Delaware
A triangular setoff, valid under state law, is unenforceable in bankruptcy under Section 553(a).
November 8, 2018
New Jersey Judges Side with the Minority on Turnover of Repossessed Autos
Split deepens regarding failure to return a repossessed auto as an automatic stay violation.
October 8, 2018
Liquidators Conducting GOB Sales Are Not ‘Professionals’ Covered by Section 327
U.S. Trustee rebuffed in subjecting liquidators to retention as ‘professionals’ under Section 327.
September 25, 2018
District Court Finds Constitutional Power to Grant Releases in Confirmation Orders
Delaware district judge rules that the bankruptcy court has final adjudicatory power to include third-party releases in confirmation orders.
September 18, 2018
Third Circuit Upholds Revocation of $275 Million Breakup Fee
Third Circuit creates a high standard for revoking a vested contract right.
September 6, 2018
Delaware District Judge Upholds Horizontal ‘Gifting’ in a Chapter 11 Plan
Narrow reading of ‘equitable mootness’ in Tribune is limited to cases involving a dispute between two classes.
August 27, 2018
A Plan Can Release Claims for Post-Confirmation Conduct, Third Circuit Says
Third Circuit leaves open the question of whether distributions to shareholders in chapter 11 must follow FINRA rules.