Help Center

3rd Circuit

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: 

Third Circuit Explores the Limits of Channeling Injunctions Protecting Insurers

Caution: Do not use heavy machinery. Reading this story may induce drowsiness.
Court: 

FDCPA Applies to Debt Collectors Even if They Own the Debt

Thomas Ambro on the Third Circuit answers a question the Supreme Court left open in <em>Henson v. Santander</em>.
Court: 

Punitive Damages under Section 303(i) Can’t Be Offset, Third Circuit Says

One involuntary petition dismissed in bankruptcy court has now spawned three important opinions at the circuit level.
Court: 

Retention of Jurisdiction Beats Out an Arbitration Agreement, Third Circuit Says

Court retains adjudicatory power unless the arbitration agreement applies to all disputes.
Court: 

Delaware District Judge Defines ‘Unfair Discrimination’ in Cramdown

A $30 million haircut is not ‘unfair discrimination’ to preclude cramming down a plan.
Court: 

Pages