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ABI Journal

Rochellel's Daily Wire

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, Delaware

December 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 Jersey

December 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 Jersey

November 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 Jersey

November 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, Delaware

November 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, Delaware

October 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 Circuit

October 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, Delaware

October 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 District

October 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