Rochellel's Daily Wire

August 09, 2017

‘Gift Plan’ Succeeds in Delaware Despite Jevic’s Ban on ‘Structured Dismissals’

Case shows why gift plans and structured dismissals demand a different analysis.

3rd Circuit, Delaware

August 08, 2017

Third Circuit Adopts High Standard for WARN Act Liability

Six circuits now require probability of layoffs as a condition to WARN Act liability.

3rd Circuit

July 21, 2017

Jurisdiction Continues After Confirmation to Complete a Pending Lawsuit

Third Circuit says ‘related to’ jurisdiction can’t be destroyed by subsequent events.

3rd Circuit

July 19, 2017

Goods Delivered Directly to a Debtor’s Customers Never Qualify for 503(b)(9)

Judge Shannon writes an important decision for the era of ecommerce.

3rd Circuit, Delaware

July 12, 2017

Receipt under Section 503(b)(9) Occurs on Physical Possession, Third Circuit Holds

Third Circuit aids suppliers because ‘receipt’ can occur after ‘delivery.’

3rd Circuit

June 27, 2017

Look Forward 5 Years, Not 25, on Debtor’s Inability to Repay Student Loans, Judge Says

Term of the loan is the ‘relevant period’ for judging student loan dischargeability.

3rd Circuit, Pennsylvania, Pennsylvania Eastern District

June 26, 2017

Bankruptcy Court Can Rule on Personal Injury Claim with Creditor’s Implied Consent

Supreme Court held that Section 157(b)(5) is not jurisdictional, Delaware district judge says.

3rd Circuit, Delaware

June 19, 2017

To Establish Record Dates, the Plan Applies, Not Securities Regulations

Established practice governing distributions is upheld in Delaware district court.

3rd Circuit, Delaware

June 08, 2017

Third Circuit Harmonizes Law v. Siegel with Marrama

Marrama permits relief that’s not explicitly prohibited by the Code, even if policies shown in the statute suggest otherwise.

3rd Circuit

June 06, 2017

Third Circuit Permits Last Chapter 13 Plan Payment Beyond 60 Months

Two circuits allow discretion for non-culpable debtor to make payment after five years.

3rd Circuit