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Rochelle's Daily Wire | ABI Exclusive
June 21, 2016
Each Third Party Release Must Be Economically Justified, District Judge Holds
Small case is making big Third Circuit law on confirmation of chapter 11 plans.
June 7, 2016
Did Segal v. Rochelle Survive Butner and Adoption of the Bankruptcy Code?
Courts use four approaches to harmonize Butner with Segal v. Rochelle.
Pennsylvania Western District
May 31, 2016
Recent Decisions Bar Cramdown on Mixed-Use Principal Residences
Newark and Buffalo judges read 1322(b)(2) narrowly and in favor of mortgage lenders.
May 27, 2016
Clark v. Rameker’s Gaping Loophole Allows Debtors to Retain Inherited IRAs
State law overrides ‘significant policy concerns’ in Supreme Court decision.
May 16, 2016
Plan’s Treatment of Secured Claim Trumps Failure to Redeem on Time
Courts split on whether failure to redeem on time is fatal in reorganization.
Pennsylvania Eastern District
May 12, 2016
Third Circuit Insulates the IRS from Preference Claims for Trust Fund Taxes
Aggregation was not permitted to surmount the $6,225 minimum for preferences.
May 10, 2016
Third Circuit Tries to Synthesize Illinois Law on Veil Piercing and Unjust Enrichment
Third Circuit relies on a Seventh Circuit opinion to understand Illinois law.
May 6, 2016
Tender Offers in Bankruptcy Pass Muster in the Third Circuit
Third Circuit holds again that equal treatment is not required in settlements.
May 2, 2016
Subjective Test Without Hindsight Employed to Determine Adequate Capitalization
Later bankruptcy is no proof of prior inadequate capitalization.
April 25, 2016
Valuation Date Chosen to Avoid ‘Gamesmanship’
Early valuation aids a debtor in stripping off during an up market.