June 23, 2025
Retaining Jurisdiction Doesn’t Ensure Subject Matter Jurisdiction After Confirmation
Listing a lawsuit explicitly in a disclosure statement may not mean there’s a ‘close nexus’ to provide subject matter jurisdiction for an action brought in bankruptcy court after confirmation.
3rd Circuit, DelawareJune 19, 2025
Opposing Relief, a Creditor Isn’t Required to Show Constitutional Standing
Delaware’s Bankruptcy Judge Goldblatt explains why the Supreme Court’s Truck Insurance opinion says nothing about Article III constitutional standing.
3rd Circuit, DelawareJune 05, 2025
There’s an Exception to the Rule that Fraudulent Transfer Recoveries Can’t Benefit Shareholders
When creditors have been paid in full, a trustee may pursue fraudulent transfers for the benefit of defrauded equity holders, Bankruptcy Judge Craig Goldblatt says.
3rd Circuit, DelawareMay 20, 2025
The ‘Dissent’ in Boy Scouts Favored Using Equitable Mootness to Uphold Nondebtor Releases
The circuit courts are diverging on the utility of equitable mootness to avoid reversing confirmation of chapter 11 plans.
3rd CircuitMay 19, 2025
As to Appealing Insurers, the Boy Scouts Plan Was Not Equitably Moot
Holding $1.4 billion in escrow did not preclude invocation of equitable mootness, Third Circuit majority says.
3rd CircuitMay 16, 2025
Third Circuit Upholds Boy Scouts’ Nonconsensual Releases, Purdue Notwithstanding
The Third Circuit majority upheld nondebtor, nonconsensual releases because they were part of a sale, making the appeal statutorily moot under Section 363(m).
3rd CircuitMay 15, 2025
Third Circuit Holds: Magistrate Judges May Issue Final Orders on Bankruptcy Appeals
The Third Circuit splits from Seventh and Tenth Circuit opinions dating from 1987 and 1990.
3rd CircuitMay 08, 2025
Equity Won’t Extend the Deadline for Filing a Dischargeability Complaint
The circuits are split on whether equity can extend the 60-day deadline for filing dischargeability complaints.
3rd Circuit, Pennsylvania, Pennsylvania Eastern DistrictApril 28, 2025
Debtors’ Lawyer Has No 7th Amendment Right to Sue for Post-Petition Fees, Circuit Says
The debtors’ inequitable conduct didn’t relieve counsel of the duty to disclose fees charged for post-petition litigation.
3rd CircuitApril 21, 2025
Section 107 Governs Sealing of Court Documents, Not Common Law, Third Circuit Says
Section 107 more broadly protects trade secrets and confidential information than does common law.
3rd CircuitPagination
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