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 CircuitApril 01, 2022
Delaware District Judge Says: Don’t Use ‘Nunc Pro Tunc’ When You Mean ‘Retroactive’
Submitting a retention order with the wrong word resulted in a pivotal issue on appeal.
3rd Circuit, DelawareMarch 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, DelawareMarch 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 JerseyFebruary 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, DelawareFebruary 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, DelawareJanuary 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, DelawareJanuary 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 JerseyJanuary 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, DelawareDecember 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