August 14, 2025
No Jurisdiction over Post-Confirmation Breach of a Pre-Confirmation Contract
Not much caselaw on the bankruptcy court’s jurisdiction over breach of a contract made during a chapter 11 case when the breach occurred after confirmation.
DelawareJune 23, 2025
Retaining Jurisdiction Doesn’t Ensure Subject Matter Jurisdiction After Confirmation
Listing a lawsuit explicitly in a disclosure statement may not mean there’s a ‘close nexus’ to provide subject matter jurisdiction for an action brought in bankruptcy court after confirmation.
3rd Circuit, DelawareJune 19, 2025
Opposing Relief, a Creditor Isn’t Required to Show Constitutional Standing
Delaware’s Bankruptcy Judge Goldblatt explains why the Supreme Court’s Truck Insurance opinion says nothing about Article III constitutional standing.
3rd Circuit, DelawareJune 05, 2025
There’s an Exception to the Rule that Fraudulent Transfer Recoveries Can’t Benefit Shareholders
When creditors have been paid in full, a trustee may pursue fraudulent transfers for the benefit of defrauded equity holders, Bankruptcy Judge Craig Goldblatt says.
3rd Circuit, DelawareApril 17, 2025
Nondebtor Releases Are Still Permissible in Chapter 15, Delaware Judge Says
Foreign reorganizations with nondebtor releases are not ‘manifestly contrary’ to public policy after Purdue, according to Delaware’s Bankruptcy Judge Thomas Horan.
3rd Circuit, DelawareFebruary 06, 2025
No Second Restructuring of the Same Debt in a Different Venue
Delaware judge wouldn’t allow a chapter 11 debtor to restructure the same secured debt a second time in a different venue.
3rd Circuit, DelawareJanuary 22, 2025
Denial of $21 Million in Fees for Boy Scouts Ad Hoc Committee Upheld on Appeal
Delaware district court rules that debtors and trustees alone have standing to propose spending estate money outside of the ‘ordinary course.’
3rd Circuit, DelawareJanuary 21, 2025
Applying Pressure on the Debtor Obviates the ‘Ordinary Course’ Defense to a Preference
The ‘ordinary course’ defense only applies to credit terms with healthy customers, not to debtors in financial distress, even if pressure is ordinary in the industry.
3rd Circuit, DelawareDecember 30, 2024
Delaware Judge Writes a Treatise for Avoiding WARN Act Liability
Good faith and attention to detail should enable a failing business to avoid WARN Act liability.
3rd Circuit, DelawareDecember 20, 2024
Bankruptcy Has No General Exception to an Automatic Stay After Denial of Arbitration
A Delaware bankruptcy judge says there could be circumstances when automatic stays will not be enforced after the court has denied a motion to compel arbitration.
3rd Circuit, DelawarePagination
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