Rochellel's Daily Wire

May 06, 2016

Tender Offers in Bankruptcy Pass Muster in the Third Circuit

Third Circuit holds again that equal treatment is not required in settlements.

3rd Circuit

May 02, 2016

Subjective Test Without Hindsight Employed to Determine Adequate Capitalization

Later bankruptcy is no proof of prior inadequate capitalization.

3rd Circuit

April 25, 2016

Valuation Date Chosen to Avoid ‘Gamesmanship’

Early valuation aids a debtor in stripping off during an up market.

3rd Circuit, Delaware

March 15, 2016

Judges Sontchi and Drain Agree on Treatment Among Undersecured Creditors

No need for venue-shopping between Delaware and New York for undersecured creditors.

3rd Circuit, Delaware

March 04, 2016

Chapter 13 Equated with Chapter 11 on Derivative Standing for Creditors

Creditor can sue when a chapter 13 trustee won’t or can’t.

3rd Circuit, Pennsylvania, Pennsylvania Eastern District

February 23, 2016

Unpaid Condominium Fees Cannot Be Stripped Off in New Jersey

Condos in New Jersey get better protection from the court than from the state legislature.

3rd Circuit, New Jersey

February 19, 2016

No Claim Arises from Loss of a Make-Whole Premium, Delaware District Judge Holds

Delaware is now on par with New York in disallowing make-whole premiums.

3rd Circuit, Delaware

February 03, 2016

Delaware Judge Categorically Bars All Counsel from Compensation for Defense of Fees

Artful drafting cannot evade ASARCO to reimburse counsel for defense of fees.

3rd Circuit, Delaware

January 22, 2016

Third Circuit Pens a Treatise on Burden of Production

Third Circuit decision written by no Third Circuit judges

3rd Circuit

January 21, 2016

UCC Inapplicable to Define ‘Received’ for 20-Day Administrative Claims in Foreign Trade

Foreign sellers take note: State law may confer more benefit than international law.

3rd Circuit, Pennsylvania, Pennsylvania Eastern District