November 19, 2018
Triangular Setoff Barred (Again) in Delaware
A triangular setoff, valid under state law, is unenforceable in bankruptcy under Section 553(a).
3rd Circuit, DelawareNovember 08, 2018
New Jersey Judges Side with the Minority on Turnover of Repossessed Autos
Split deepens regarding failure to return a repossessed auto as an automatic stay violation.
3rd Circuit, New JerseyOctober 08, 2018
Liquidators Conducting GOB Sales Are Not ‘Professionals’ Covered by Section 327
U.S. Trustee rebuffed in subjecting liquidators to retention as ‘professionals’ under Section 327.
3rd Circuit, DelawareSeptember 25, 2018
District Court Finds Constitutional Power to Grant Releases in Confirmation Orders
Delaware district judge rules that the bankruptcy court has final adjudicatory power to include third-party releases in confirmation orders.
3rd Circuit, DelawareSeptember 18, 2018
Third Circuit Upholds Revocation of $275 Million Breakup Fee
Third Circuit creates a high standard for revoking a vested contract right.
3rd CircuitSeptember 06, 2018
Delaware District Judge Upholds Horizontal ‘Gifting’ in a Chapter 11 Plan
Narrow reading of ‘equitable mootness’ in Tribune is limited to cases involving a dispute between two classes.
3rd Circuit, DelawareAugust 27, 2018
A Plan Can Release Claims for Post-Confirmation Conduct, Third Circuit Says
Third Circuit leaves open the question of whether distributions to shareholders in chapter 11 must follow FINRA rules.
3rd CircuitAugust 17, 2018
Third Circuit Explores the Limits of Channeling Injunctions Protecting Insurers
Caution: Do not use heavy machinery. Reading this story may induce drowsiness.
3rd CircuitAugust 09, 2018
FDCPA Applies to Debt Collectors Even if They Own the Debt
Thomas Ambro on the Third Circuit answers a question the Supreme Court left open in <em>Henson v. Santander</em>.
3rd CircuitAugust 03, 2018
Punitive Damages under Section 303(i) Can’t Be Offset, Third Circuit Says
One involuntary petition dismissed in bankruptcy court has now spawned three important opinions at the circuit level.
3rd Circuit