March 17, 2023
A Receiver May File a Chapter 9 Petition over City Officials’ Objections
The requirement in chapter 9 to negotiate in good faith before filing is satisfied if the parties are ‘simply too far apart,’ says Bankruptcy Judge Chan.
3rd Circuit, Pennsylvania, Pennsylvania Eastern DistrictMarch 09, 2023
Dismissal Isn’t Mandatory if a New Filing Is Within 180 Days of a Voluntary Dismissal
Courts are split on whether Section 109(g)(2) mandates dismissal whenever an individual or family farmer refiles within 180 days, regardless of whether a lift-stay motion prompted dismissal of the first case.
3rd Circuit, Pennsylvania, Pennsylvania Eastern DistrictFebruary 03, 2023
Delaware Judge Says When Prejudgment Asset Freezes Are Ok Under Grupo Mexicano
If you want a prejudgment asset freeze, ask for equitable relief and the recovery of specific property, Judge Goldblatt says.
3rd Circuit, DelawareJanuary 31, 2023
Third Circuit Reverses and Dismisses J&J’s ‘Baby Powder’ Chapter 11 Case
Circuit Judge Thomas Ambro prohibits big companies from filing chapter 11 cases absent ‘financial distress.’
3rd CircuitDecember 29, 2022
Third Circuit Upholds Draconian Sanctions for Section 327 Nondisclosure
An opinion by Thomas Ambro shows how the Third Circuit won’t cut any slack for nonbankruptcy lawyers when it comes to retention disclosure.
3rd CircuitDecember 21, 2022
Failure to Exercise a Purchase Option Is Not a Transfer, Third Circuit Says
The failure to convert a contingent interest into ownership is not a transfer that could be avoided as a fraudulent transfer.
3rd CircuitDecember 20, 2022
Arguments Both Ways, Power to De-Designate from Subchapter V Left Undecided
Although deposed as debtor in possession, the Subchapter V debtor retains the sole power to file a chapter 11 plan.
3rd Circuit, DelawareDecember 09, 2022
Third Circuit Importuned to Rule on Survival of the Solvent-Debtor Exception
Sticking to her guns, Bankruptcy Judge Mary Walrath rules that the solvent-debtor exception was abrogated by the adoption of the Bankruptcy Code, but certifies a direct appeal to the Court of Appeals.
3rd Circuit, DelawareNovember 28, 2022
A Two-Year Delay in Filing a Retention Application Resulted in Denial of Fees
Pittsburgh Bankruptcy Judge Gregory Taddonio says that lawyers must search in PACER before signing up a new client.
3rd Circuit, Pennsylvania, Pennsylvania Western DistrictOctober 11, 2022
Court Halts States’ Police and Regulatory Suits against Non-Debtor Johnson & Johnson
In spreading the automatic stay, the bankruptcy court again employed the traditional analysis without recognition that the non-debtors are solvent.
3rd Circuit, New Jersey