May 26, 2021
The ‘Countryman’ definition of an executory contract allows a debtor sell a contract without curing a default if the non-debtor counterparty has no further material, unperformed obligations.
3rd Circuit
May 11, 2021
Not having challenged pre-petition liens on time, a chapter 7 trustee was barred from taking over an adversary proceeding initiated by a now-dissolved chapter 11 creditors’ committee.
3rd Circuit, Delaware
April 26, 2021
Third Circuit dicta suggests that failure to create a trust is constitutionally deficient and won’t discharge claims of ‘unknown’ creditors in a chapter 11 plan.
3rd Circuit
April 16, 2021
Delaware bankruptcy judge trusts that dating lawyers at adversary firms didn’t disclose client confidences.
3rd Circuit, Delaware
March 23, 2021
A triangular setoff valid under state law does not satisfy the mutuality requirement in Section 553(a).
3rd Circuit
March 18, 2021
The Third Circuit found loopholes in the purchase agreement permitting the buyer to assert an administrative claim, even though the breakup fee was disallowed.
3rd Circuit
January 15, 2021
Dissenter would have upheld horizontal gifting on the merits.
3rd Circuit
November 25, 2020
Pursuing appointment benefitted the professional career of the applicant and did not benefit the estate, Judge Silverstein said.
3rd Circuit, Delaware
