March 15, 2022

To Be a Section 544(b)(1) Predicate Claim for a 10-Year Lookback, the Claim Must Be Filed

A claim of the IRS can provide a 10-year lookback for avoidance actions, but the claim must have been filed.

3rd Circuit, Delaware

March 01, 2022

Johnson & Johnson Survives a Motion to Dismiss that Alleged a Bad Faith Filing

Judge in New Jersey explains why chapter 11 is the best alternative for a large company to deal with mass torts.

3rd Circuit, New Jersey

February 23, 2022

Special Counsel with an Actual Conflict Faces Disgorgement of Fees in Delaware

Judge Sontchi set aside a prior order preventing the trustee from controlling litigation brought in the trustee’s name.

3rd Circuit, Delaware

February 09, 2022

Horizontal ‘Gifting’ Approved in Mallinckrodt’s Confirmed Chapter 11 Plan

Mallinckrodt’s nondebtor releases didn’t have the defects that infected Purdue and Patterson.

3rd Circuit, Delaware

January 31, 2022

Dependence on Parental Financial Assistance Meant Student Loans Were Dischargeable

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.

3rd Circuit, Delaware

January 26, 2022

Second J&J Talc Committee (Temporarily?) Disbanded

Decisions by the U.S. Trustee are subject to judicial review, Judge Kaplan says.

3rd Circuit, New Jersey

January 03, 2022

Opinion Finding Fraud Shows the Dangers in an Agreement to Finance Litigation

Chapter 7 trustee was precluded from terminating a lawsuit because a secured lender had been given the right to settle.

3rd Circuit, Delaware

December 30, 2021

May Accountants Limit Liability for Professional Malpractice? Stay Tuned

New Jersey judge says that professionals may not be able to limit liability when malpractice is more than mere negligence.

3rd Circuit, New Jersey

December 28, 2021

Delaware Judge Issues Comprehensive Opinion on Makewholes and Unmatured Interest

Split grows on allowance of makewholes and what constitutes disallowed, unmatured interest.

3rd Circuit, Delaware

December 21, 2021

Owner of a Long-Defunct Business Didn’t Qualify for Subchapter V

Being an ordinary employee didn’t mean that the debtor was engaged in business to qualify for Subchapter V.

3rd Circuit, Pennsylvania, Pennsylvania Western District