Successorship Obligations Are Not Barred by Sales Free and Clear, Delaware D.J. Says
Neither a sale ‘free and clear’ nor rejection of a union contract bars enforcement of NLRA successorship obligations, Delaware district judge rules in reversing the bankruptcy court.
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Supreme Court Will Soon Grant or Deny ‘Cert’ to Rule on Refunds for UST Overpayments
The bankruptcy court in Delaware sided with four circuits by directing the U.S. Trustee to give refunds for overpayment of fees that were not uniform throughout the country.
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Contesting the Election of a ‘Permanent’ Trustee Is Compensable, Judge Goldblatt Says
Contesting the election of a chapter 7 trustee isn’t like defending a fee application, which Baker Botts held to be noncompensable.
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If Bankruptcy Occurs on the Eve of Trial, Is There ‘Cause’ to Modify the Stay?
Delaware’s Judge Craig Goldblatt makes a ‘common-sense judgment’ in deciding whether to allow a prepetition lawsuit to proceed in state court.
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J&J’s ‘Baby Powder’ Chapter 11 Case Dismissed a Second Time: No Financial Distress
Bound by the Third Circuit’s first LTL decision, the bankruptcy court found that LTL’s rejiggered second filing suffered from the same defect: no immediate financial distress.
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A Trustee Receives Statutory Commissions Unless the Amount Is ‘Offensive’
A trustee’s commissions can’t be based on a percentage of disbursements to the trustee’s own counsel, so says a New Jersey district judge.
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Lack of Creditor Opposition Isn’t Grounds for Extending an Expiring Automatic Stay
A repeat filer in chapter 13 must show ‘clear and convincing evidence’ of improved financial condition to warrant an extension of the automatic stay under Section 362(c)(3)(B), Chief Judge Taddonio says.
Equitable Tolling Cannot Extend the Deadline for a Dischargeability Objection
The Third Circuit lauded Bankruptcy Judge Craig Goldblatt for a ‘well-reasoned’ opinion correctly interpreting Supreme Court authority.
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Judge Kathryn Ferguson Evokes Bob Dylan with Regard to Changing Rules on Setoff
Times are a-changin’ when it comes to setoff against exempt assets.
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Debtor’s Counsel Later Can Become Adverse to the Plan’s Liquidating Trust
Bankruptcy Judge Shannon says that the liquidating trust was not debtor’s counsel’s former client.
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