Displaying Journal Articles with Topic 3rd Circuit

For three independent reasons, Judge Taddonio rules that states are not immune from stripping down or stripping off tax liens.

Judge Sontchi declines to rule that 28 U.S.C. § 157 is unconstitutional by denominating fraudulent transfer suits as ‘core’ proceedings.

Hiring a collection agent will not insulate a debt buyer from liability under the FDCPA.

Third Circuit lauds Bankruptcy Judge Agresti for ‘prescient thinking.’

If a suit filed in violation of Barton ends up in bankruptcy court, must the judge still dismiss? The courts are split.

Third Circuit makes a fine distinction regarding bankruptcy courts as ‘courts of the U.S.’

A tenant with a rejected lease retains ‘recoupment’ rights in addition to the protections in Section 365(h).

Delaware district judge reads Supreme Court’s Travelers opinion as requiring the allowance of post-petition contractual claims for attorneys’ fees.

A triangular setoff, valid under state law, is unenforceable in bankruptcy under Section 553(a).

Split deepens regarding failure to return a repossessed auto as an automatic stay violation.