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ABI Journal

Rochellel's Daily Wire

July 30, 2020

Federal Income Taxes for a ‘Straddle Year’ Are Administrative Priority Claims

On an issue with no appellate authority, a Delaware district judge rules that federal income taxes are administrative claims if filing occurs before the year’s end.

3rd Circuit, Delaware

April 09, 2020

Suit by Foreign Liquidators Was Remanded to State Court

Delaware district judge permits remand when the suit was subject to mandatory abstention.

3rd Circuit, Delaware

March 27, 2020

Delaware District Court Upholds Discharge of Environmental Fines in Chapter 11

Environmental fines are discharged in chapter 11 because they do not result from pecuniary loss.

3rd Circuit, Delaware

February 20, 2020

Third Circuit Endorses an Alternative to Section 524(g) Trusts for Asbestos Cases

Appeals court says that using a trust for future asbestos claims rather than a bar order would be cheaper and avoid unnecessary litigation.

3rd Circuit

February 17, 2020

Bankruptcy Court Had ‘Core’ Jurisdiction over Third-Party Dispute, Third Circuit Says

The bankruptcy court had ‘core’ jurisdiction over a dispute between two nondebtor third parties because the litigation involved the interpretation of a financing order.

3rd Circuit

February 10, 2020

Fraudulent Transfer Damages Limited to Creditors’ Total Claims

Delaware’s Judge Owens won’t allow perpetrators of a fraudulent transfer to benefit from avoiding the transfer.

3rd Circuit, Delaware

January 29, 2020

Four-Year Statute of Limitations Can Stretch to at Least Seven Years, Judge Owens Says

The one-year discovery clause in UFTA allows a debtor or trustee to file an avoidance suit even if the ordinary four-year statute has elapsed.

3rd Circuit, Delaware

January 23, 2020

Stays Are Automatic from Denial of a Motion to Dismiss for Sovereign Immunity

Courts are divided on whether the district court loses jurisdiction to stay proceedings in bankruptcy court after the filing of a notice of appeal.

3rd Circuit, Delaware

January 14, 2020

Delaware Judge Upholds U.S. Trustee Fee Increase in Pending Cases

Parting with some other bankruptcy courts, Judge Walrath upholds the constitutionality of the major increase in U.S. Trustee fees that was imposed on pending cases in early 2018.

3rd Circuit, Delaware

January 08, 2020

A Pennsylvania Gambling License Isn’t ‘Property’ Recoverable as a Fraudulent Transfer

Sovereign immunity required dismissal of a suit to recover the value of a gambling license because the suit wasn’t an ancillary exercise of the bankruptcy court’s in rem jurisdiction over a res.

3rd Circuit, Pennsylvania, Pennsylvania Eastern District