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Rochelle's Daily Wire | ABI Exclusive
May 2, 2017
Treatment of Equally Ranked Undersecured Creditors Is Ready for Appeal in Delaware
Judge Sontchi sticks by his 2016 decision in the Energy Future reorganization.
April 28, 2017
Written Motions to Adjourn Foreclosure Do Not Violate the Stay, Circuit Says
Causing a debtor to incur cost isn’t necessarily a stay violation in the Third Circuit.
April 12, 2017
Willful Stay Violation Can Justify Damages for Emotional Distress, Third Circuit Says
For an ‘egregious’ stay violation, medical evidence of emotional distress is not required.
April 3, 2017
State Law Determines Whether Post-Filing Mechanic’s Liens Are Voidable
Bankruptcy courts can enter final orders voiding mechanic’s liens, Third Circuit says.
March 21, 2017
Delaware District Judge Issues Important Opinion on Third-Party Releases
Bankruptcy courts can’t issue final orders approving third-party releases in chapter 11 plans.
March 20, 2017
Indenture Trustee’s Counsel Fees Are Measured by a Different Standard
Indenture trustee’s fees to defend fees are compensable despite Baker Botts.
January 31, 2017
A Proper Foreclosure Sale Can Never Be a Preference, Judge Holds
Despite gaining more than through chapter 7, purchasing at foreclosure is no preference.
Pennsylvania Western District
January 10, 2017
Delaware Judge Disregards Committee Fee Cap if a Chapter 11 Plan Is Confirmed
Standard carveout only limits committee counsel fees if no chapter 11 plan is confirmed.
December 21, 2016
Impending Circuit Split on ‘Makewholes’ Prompts Rehearing Motion by Energy Future
Energy Future claims Third Circuit panel misinterpreted governing New York law.
December 8, 2016
‘Close Nexus’ Test Not Always Applicable for Post-Confirmation Jurisdiction
Rule 2004 may be used after confirmation, even if the plan does not reserve jurisdiction.