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Home
May 30, 2024
Res Judicata Bars Objections to Plan Amendments that Could Have Been Raised Before
Is feasibility of a plan reviewed for abuse of discretion or clear error? The circuits are split.
3rd Circuit
September 02, 2022
Collateral Estoppel Can Bar Use of Federal Rule 45 to Quash a Subpoena, Circuit Says
Third Circuit says: You can object to a Rule 2004 discovery motion or move to quash a subpoena under Federal Rule 45, but not both.
3rd Circuit
April 30, 2022
Bankruptcy Courts Have ‘Core’ Power to Order Fee Disgorgement, Third Circuit Says
Being seen at bar events in the company of those who appear in court doesn’t show judicial bias.
3rd Circuit
March 23, 2021
Third Circuit Rejects Triangular Setoffs and Adopts Rationale by Judge Shannon
A triangular setoff valid under state law does not satisfy the mutuality requirement in Section 553(a).
3rd Circuit
January 15, 2021
Third Circuit Upholds Equitable Mootness over a Dissent
Dissenter would have upheld horizontal gifting on the merits.
3rd Circuit
December 23, 2019
Third Circuit Finds Constitutional Power to Grant Releases in Confirmation Orders
Third Circuit emphasizes the limitation of nonconsensual, third-party releases to ‘exceptional’ cases.
3rd Circuit
October 26, 2017
Third Circuit Explains When Sale Orders Are Not Automatically Moot
Section 363(m) allows an appeal if the remedy won’t upset the sale itself, Third Circuit says.
3rd Circuit
April 28, 2017
Written Motions to Adjourn Foreclosure Do Not Violate the Stay, Circuit Says
Causing a debtor to incur cost isn’t necessarily a stay violation in the Third Circuit.
3rd Circuit