Help Center

3rd Circuit

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.’
Court: 

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).
Court: 

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.
Court: 

Triangular Setoff Barred (Again) in Delaware

A triangular setoff, valid under state law, is unenforceable in bankruptcy under Section 553(a).
Court: 

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.
Court: 

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.
Court: 

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.
Court: 

Third Circuit Upholds Revocation of $275 Million Breakup Fee

Third Circuit creates a high standard for revoking a vested contract right.
Court: 

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.
Court: 

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.
Court: 

Pages