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.
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Tender Offers in Bankruptcy Pass Muster in the Third Circuit
Third Circuit holds again that equal treatment is not required in settlements.
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Subjective Test Without Hindsight Employed to Determine Adequate Capitalization
Later bankruptcy is no proof of prior inadequate capitalization.
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Valuation Date Chosen to Avoid ‘Gamesmanship’
Early valuation aids a debtor in stripping off during an up market.
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Judges Sontchi and Drain Agree on Treatment Among Undersecured Creditors
No need for venue-shopping between Delaware and New York for undersecured creditors.
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Chapter 13 Equated with Chapter 11 on Derivative Standing for Creditors
Creditor can sue when a chapter 13 trustee won’t or can’t.
Unpaid Condominium Fees Cannot Be Stripped Off in New Jersey
Condos in New Jersey get better protection from the court than from the state legislature.
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No Claim Arises from Loss of a Make-Whole Premium, Delaware District Judge Holds
Delaware is now on par with New York in disallowing make-whole premiums.
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Delaware Judge Categorically Bars All Counsel from Compensation for Defense of Fees
Artful drafting cannot evade ASARCO to reimburse counsel for defense of fees.
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Third Circuit Pens a Treatise on Burden of Production
Third Circuit decision written by no Third Circuit judges
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