Sticking to her guns, Bankruptcy Judge Mary Walrath rules that the solvent-debtor exception was abrogated by the adoption of the Bankruptcy Code, but certifies a direct appeal to the Court of Appeals.
An appeal to the Third Circuit may tell us whether a ‘notwithstanding any other provision’ clause really means what it says.
Bankruptcy Judge Craig T. Goldblatt declined to interpret an indenture’s ratable treatment clause as anti-subordination in disguise.
Delaware corporations must have shareholder approval to sell all or substantially all assets outside of bankruptcy.
The amendment to Section 547(b) does not require a preference complaint to explain why the defendant doesn’t have affirmative defenses, Judge Walrath says.
Submitting a retention order with the wrong word resulted in a pivotal issue on appeal.
A claim of the IRS can provide a 10-year lookback for avoidance actions, but the claim must have been filed.
Judge Sontchi set aside a prior order preventing the trustee from controlling litigation brought in the trustee’s name.
Mallinckrodt’s nondebtor releases didn’t have the defects that infected Purdue and Patterson.
The opinion by Judge Silverstein contains numerous sound bites for judges and debtors aiming to discharge student loans owed by individuals living in desperate circumstances.