December 20, 2022
Although deposed as debtor in possession, the Subchapter V debtor retains the sole power to file a chapter 11 plan.
3rd Circuit, Delaware
December 09, 2022
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, Delaware
August 17, 2022
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 11, 2022
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 corporations must have shareholder approval to sell all or substantially all assets outside of bankruptcy.
3rd Circuit, Delaware
June 21, 2022
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
April 01, 2022
Submitting a retention order with the wrong word resulted in a pivotal issue on appeal.
3rd Circuit, Delaware
March 15, 2022
A claim of the IRS can provide a 10-year lookback for avoidance actions, but the claim must have been filed.
3rd Circuit, Delaware
February 23, 2022
Judge Sontchi set aside a prior order preventing the trustee from controlling litigation brought in the trustee’s name.
3rd Circuit, Delaware
February 09, 2022
Mallinckrodt’s nondebtor releases didn’t have the defects that infected Purdue and Patterson.
3rd Circuit, Delaware
