Skip to main content
ABI Journal

Rochellel's Daily Wire

April 24, 2019

Bankruptcy Notice to a Creditor Represented by Counsel in State Court Is Adequate

Conversely, giving notice to a creditor’s state-court counsel may not be adequate, New Jersey judge says.

3rd Circuit, New Jersey

April 18, 2019

Delaware’s Judge Walrath Writes a Primer on Consignments

Perfecting a consignment is easy, but failing to do so is disastrous.

3rd Circuit, Delaware

April 13, 2019

Sovereign Immunity Doesn’t Insulate States from Lien Stripping

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

3rd Circuit, Pennsylvania, Pennsylvania Western District

March 15, 2019

Reading Stern Narrowly, Delaware Judge to Issue Final Order in Fraudulent Transfer Suit

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

3rd Circuit, Delaware

February 28, 2019

Third Circuit Strips Debt Buyers of Defenses Under the FDCPA

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

3rd Circuit

February 25, 2019

Third Circuit Pronounces a Damages Formula for Fraudulent Entireties Transfers

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

3rd Circuit

February 19, 2019

Barton Also Protects Asbestos Trusts, Delaware Judge Says

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

3rd Circuit, Delaware

December 07, 2018

A Lack of ‘Stern’ Jurisdiction Bars a Transfer Under 28 U.S.C. § 1631

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

3rd Circuit

December 04, 2018

A Tenant with a Rejected Lease Could End Up Paying No Rent, Third Circuit Says

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

3rd Circuit

November 28, 2018

Delaware Judge Allows Unsecured Claim for Contractual Attorneys’ Fees

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

3rd Circuit, Delaware