December 13, 2024
District Court Upholds Redaction of Customer Information in a Cryptocurrency Case
Prominent news organizations failed to overturn the redaction of customer information in a big cryptocurrency case.
3rd Circuit, DelawareDecember 12, 2024
For Foreign Liquidators, Chapter 15 Is Better than Using Common Law, Decision Shows
A foreign liquidator, who ran into problems in the Third Circuit using common law, changed course and quickly obtained relief in chapter 15.
3rd Circuit, New JerseyDecember 06, 2024
Giving the Debtor a Grace Period to Cure Isn’t Extending a Plan Beyond Five Years
In the Third Circuit, it’s possible to cure a payment default under a chapter 13 play beyond five years, district judge says in affirming the bankruptcy court.
3rd Circuit, New JerseyNovember 13, 2024
Notice of Intention to Assume Is Enough to Beat the Automatic Rejection Deadline
A bankruptcy judge in New Jersey holds that it’s enough to file a notice of intention to assume before the automatic lease rejection deadline
3rd Circuit, New JerseyNovember 11, 2024
Standard Deviation Can’t Be the Only Test to Prove the ‘Ordinary Course’ Defense
District judge in Delaware says that expert testimony must establish whether standard deviation is a proper statistical test to prove the ‘ordinary course’ defense to a preference.
3rd Circuit, DelawareNovember 06, 2024
Sufficiency of Preference and Fraudulent Transfer Complaints Described by Judge Goldblatt
To defeat motions to dismiss, preference and fraudulent transfer complaints need not contain all the information to be learned in discovery, Bankruptcy Judge Craig Goldblatt says.
3rd Circuit, DelawareOctober 30, 2024
A Retirement Plan that’s Not ‘Tax-Qualified’ Is Still Excluded from Estate Property
Declining to create a circuit split, Third Circuit Judge Thomas Ambro held that a retirement plan structured according to ERISA is excluded from estate property even if transactions by the trust violated ERISA or IRS Code regulations.
3rd CircuitOctober 28, 2024
Judge Goldblatt Engrafts the Standing Rules from Truck Insurance onto Chapter 7
At least with regard to standing for objections to claims, Delaware’s Judge Craig Goldblatt believes that the Truck Insurance standard for chapter 11 also applies in chapter 7.
3rd Circuit, DelawareOctober 23, 2024
Equitable Tolling Can Extend Statutes of Limitations Under Section 546(a)
Dilatory actions by a debtor tolled statutes of limitations for a trustee’s suit against a third party.
3rd Circuit, Pennsylvania, Pennsylvania Eastern DistrictOctober 07, 2024
Third Circuit Has a Broad View of ‘Related To’ Jurisdiction After Plan Confirmation
A post-confirmation lawsuit to generate funds to pay a chapter 13 plan establishes ‘related to’ jurisdiction for noncore claims.
3rd Circuit