March 07, 2024
Under binding circuit precedent, a Delaware district judge ruled that an order denying a motion to dismiss a chapter 11 case is final and appealable.
3rd Circuit, Delaware
February 20, 2024
Can Section 327(c) be unconstitutional as applied if it deprives shareholders of standing when the estate might be solvent?
3rd Circuit, Delaware
February 15, 2024
Prof. Westbrook believes there is no common law alternative to chapter 15.
3rd Circuit
February 08, 2024
Like Bankruptcy Judge Lopez in Houston, Delaware’s Judge Goldblatt decided that Delaware law governing LLCs can’t eliminate rights that are fundamental in federal bankruptcy law.
3rd Circuit, Delaware
January 24, 2024
Although examiners must be appointed on motion, the Third Circuit says that the bankruptcy court retains ‘broad discretion’ to fix the scope and cost of the investigation.
3rd Circuit
December 27, 2023
No reverse condemnation occurred when the state took over a debtor’s property to prevent an imminent threat to public health.
3rd Circuit, Delaware
December 26, 2023
The Third Circuit gave royalty owners a constructive trust over royalties improperly paid to secured creditors. The circuit court did not rule on remedy.
3rd Circuit
December 21, 2023
A D&O policy covering securities claims doesn’t provide coverage for a claim resulting from a fraudulent transfer, the Delaware Supreme Court rules.
3rd Circuit, Delaware
November 21, 2023
Judge Goldblatt slaps creditors with $665,000 in damages for violating the automatic stay.
3rd Circuit, Delaware
