January 31, 2022
The opinion by Judge Silverstein contains numerous sound bites for judges and debtors aiming to discharge student loans owed by individuals living in desperate circumstances.
3rd Circuit, Delaware
January 03, 2022
Chapter 7 trustee was precluded from terminating a lawsuit because a secured lender had been given the right to settle.
3rd Circuit, Delaware
December 28, 2021
Split grows on allowance of makewholes and what constitutes disallowed, unmatured interest.
3rd Circuit, Delaware
December 08, 2021
Although a chapter 11 plan can bind parties throughout the world, Judge Sontchi wouldn’t let a foreign debtor sue a foreign bank in the Delaware bankruptcy court over a transaction that occurred in England.
3rd Circuit, Delaware
October 26, 2021
Notice by email may satisfy due process but doesn’t comply with notice by ‘mail’ under Bankruptcy Rule 2002.
3rd Circuit, Delaware
September 27, 2021
Newly applicable law permitted a chapter 13 debtor to cram down a lien that the debtor previously had considered to be valid.
3rd Circuit, Delaware
September 02, 2021
The Supreme Court’s Grupo Mexicano decision doesn’t bar a bankruptcy court from freezing a defendant’s assets prior to judgment in a fraud action, Judge Sontchi says.
3rd Circuit, Delaware
July 27, 2021
Critical vendor status is a defense to a preference claim only when the defendant was specifically named in an order, stipulation or agreement requiring full payment of the creditor’s prepetition claim, Judge Dorsey says.
3rd Circuit, Delaware
July 07, 2021
A standard provision in a trust indenture meant no recovery for the indenture trustee’s attorneys.
3rd Circuit, Delaware
July 01, 2021
Closing a chapter 11 case after confirmation to avoid U.S. Trustee fees won’t be necessary if the ruling by Judge Sontchi holds up.
3rd Circuit, Delaware
