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February 01, 2018

Another Example: Student Loans Are Virtually Impossible to Discharge
District court second-guesses the sufficiency of evidence that the bankruptcy court found sufficient.
3rd Circuit, Pennsylvania, Pennsylvania Eastern District

January 15, 2018

Third Circuit Pushes Back on Widespread Invocation of Rooker-Feldman
A federal court can undermine a state court judgment without offending Rooker-Feldman, Third Circuit says.
3rd Circuit

January 08, 2018

Bankruptcy Courts Aren’t ‘Courts’ and Don’t Have Power to Transfer
Don’t stretch bankruptcy jurisdiction when the statute of limitations is about to expire.
3rd Circuit, Delaware

January 05, 2018

Third Circuit Narrowly Interprets Delaware Fraudulent Transfer Law
Venezuela let off the hook for expropriating assets.
3rd Circuit

January 02, 2018

Delaware District Judge Seemingly Splits with Second Circuit on the Safe Harbor
Delaware district and bankruptcy judges now disagree with the Second Circuit’s holding that the federal safe harbor preempts state fraudulent transfer law.
3rd Circuit, Delaware

November 10, 2017

No Punitive Damages Under Delaware Law to Remedy a Fraudulent Transfer
Choice of law isn’t an affirmative defense that can be waived, Judge Gross says.
3rd Circuit, Delaware

November 08, 2017

Fraudulent Transfer Claims Aren’t Capped by Creditors’ Losses
Delaware’s Judge Gross pens another controversial opinion in PAH Litigation Trust.
3rd Circuit, Delaware

October 27, 2017

Plan’s Interest Rate Held to Govern Tax Claims, Not the Rate in the IRS Code
‘Strained’ argument by the IRS about recoupment didn’t overcome terms of a confirmed plan.
3rd Circuit, Delaware

October 26, 2017

Third Circuit Explains When Sale Orders Are Not Automatically Moot
Section 363(m) allows an appeal if the remedy won’t upset the sale itself, Third Circuit says.
3rd Circuit

October 11, 2017

Inaccurate Disclosure Nixes a $275 Million Energy Future Breakup Fee Approved a Year Earlier
Breakup fee cannot be paid if the court or regulators disapprove a proposed sale.
3rd Circuit, Delaware