November 07, 2023
Lawyer Must Disclose a Client’s Misconduct, Even When It’s ‘Uncomfortable’
Lawyers aren’t guarantors for a client’s misconduct, but they may be sanctioned for a coverup.
3rd Circuit, Pennsylvania, Pennsylvania Western DistrictNovember 02, 2023
Judge Goldblatt on the Imputation of Fraudulent Intent to a Delaware Corporation
The fraudulent intent of an individual who controls a corporation can be imputed to the corporation itself, even if the board is unaware of fraud.
3rd Circuit, DelawareOctober 31, 2023
It’s Ok for Lenders to ‘Manufacture’ a Favorable Venue, Delaware Judge Says
A Delaware opinion states that debtors can’t reincorporate to manufacture venue, but it’s permissible for lenders to do so.
3rd Circuit, DelawareOctober 02, 2023
Bankruptcy Judge Hints: Third Circuit Precedent on Public Records May Be Too Broad
Delaware’s Judge Goldblatt seems to be recommending that the Third Circuit close a loophole in confidentiality agreements.
3rd Circuit, DelawareSeptember 27, 2023
A Settlement Term Sheet Signed After Mediation Was an Enforceable Contract
The state law standards for creation of a contract governed enforceability of a term sheet signed after mediation.
3rd Circuit, Pennsylvania, Pennsylvania Eastern DistrictSeptember 22, 2023
Successorship Obligations Are Not Barred by Sales Free and Clear, Delaware D.J. Says
Neither a sale ‘free and clear’ nor rejection of a union contract bars enforcement of NLRA successorship obligations, Delaware district judge rules in reversing the bankruptcy court.
3rd Circuit, DelawareSeptember 21, 2023
Supreme Court Will Soon Grant or Deny ‘Cert’ to Rule on Refunds for UST Overpayments
The bankruptcy court in Delaware sided with four circuits by directing the U.S. Trustee to give refunds for overpayment of fees that were not uniform throughout the country.
3rd Circuit, DelawareSeptember 06, 2023
Contesting the Election of a ‘Permanent’ Trustee Is Compensable, Judge Goldblatt Says
Contesting the election of a chapter 7 trustee isn’t like defending a fee application, which Baker Botts held to be noncompensable.
3rd Circuit, DelawareSeptember 01, 2023
If Bankruptcy Occurs on the Eve of Trial, Is There ‘Cause’ to Modify the Stay?
Delaware’s Judge Craig Goldblatt makes a ‘common-sense judgment’ in deciding whether to allow a prepetition lawsuit to proceed in state court.
3rd Circuit, DelawareAugust 03, 2023
J&J’s ‘Baby Powder’ Chapter 11 Case Dismissed a Second Time: No Financial Distress
Bound by the Third Circuit’s first LTL decision, the bankruptcy court found that LTL’s rejiggered second filing suffered from the same defect: no immediate financial distress.
3rd Circuit, New Jersey