February 28, 2018
Delaware Judge Nixes the Notion of Implied Assumption of Executory Contracts
An asset purchaser cannot escape liability for appropriating the benefits of a contract that was not assumed and assigned.
3rd Circuit, DelawareFebruary 22, 2018
Consumer Protection Claims by Governments Are Discharged in Chapter 11
Consumer protection claims brought by states are nondischargeable in chapter 11 only when the state has been the target of fraudulent representations.
3rd Circuit, DelawareFebruary 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 DistrictJanuary 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 CircuitJanuary 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, DelawareJanuary 05, 2018
Third Circuit Narrowly Interprets Delaware Fraudulent Transfer Law
Venezuela let off the hook for expropriating assets.
3rd CircuitJanuary 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, DelawareNovember 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, DelawareNovember 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, DelawareOctober 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