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September 01, 2022

Bankruptcy Courts Always Have Post-Confirmation Jurisdiction for ‘Core’ Matters
The Third Circuit opinion by Thomas Ambro explained that the ‘close nexus’ test does not apply when a post-conformation dispute is ‘core’ or entails enforcing a court order.
3rd Circuit

August 17, 2022

A ‘Notwithstanding’ Clause May Not Control a Specific Provision, District Judge Says
An appeal to the Third Circuit may tell us whether a ‘notwithstanding any other provision’ clause really means what it says.
3rd Circuit, Delaware

July 12, 2022

Third Circuit Sets the Standard for Qualification of a Future Claimants’ Representative
A representative of future claimants must meet a higher standard than disinterestedness, the Third Circuit said, but technical conflicts may not be disqualifying.
3rd Circuit

July 11, 2022

Delaware Judge Approves ‘Uptier’ Financing that Involuntarily Subordinated Debt
Bankruptcy Judge Craig T. Goldblatt declined to interpret an indenture’s ratable treatment clause as anti-subordination in disguise.
3rd Circuit, Delaware

June 24, 2022

Delaware Supreme Court: No ‘Insolvency Exception’ for Asset Sales
Delaware corporations must have shareholder approval to sell all or substantially all assets outside of bankruptcy.
3rd Circuit, Delaware

June 21, 2022

Judge Walrath Describes Due Diligence to Plead After the Amendment to Section 547(b)
The amendment to Section 547(b) does not require a preference complaint to explain why the defendant doesn’t have affirmative defenses, Judge Walrath says.
3rd Circuit, Delaware

June 03, 2022

Judge Ambro Explains the Primacy of Section 327(a) over State Ethics Rules
Absent an ‘actual conflict,’ disqualification is not automatic, the Third Circuit says.
3rd Circuit

May 18, 2022

Two Circuits Now Give Priority Status to Obamacare’s Individual Mandate Penalty
The Affordable Care Act’s ‘individual mandate’ was a tax measured by income, thus giving the IRS a priority tax claim.
3rd Circuit

April 30, 2022

Bankruptcy Courts Have ‘Core’ Power to Order Fee Disgorgement, Third Circuit Says
Being seen at bar events in the company of those who appear in court doesn’t show judicial bias.
3rd Circuit

April 01, 2022

Delaware District Judge Says: Don’t Use ‘Nunc Pro Tunc’ When You Mean ‘Retroactive’
Submitting a retention order with the wrong word resulted in a pivotal issue on appeal.
3rd Circuit, Delaware