June 09, 2021
Increasing Debtor’s Profit or Revenue Isn’t Required to Establish an ‘Admin’ Claim
An administrative creditor isn’t a ‘guarantor’ of the success of the project, Delaware’s Bankruptcy Judge Goldblatt says.
3rd Circuit, DelawareJune 08, 2021
Federal Common Law Doesn’t Define a Business Trust Eligible for Chapter 11
Recent Supreme Court authority supports the conclusion by Delaware’s Judge Sontchi that law from the jurisdiction of incorporation, not federal common law, determines what is or isn’t a business trust eligible for chapter 11.
3rd Circuit, DelawareMay 11, 2021
Jevic Rises from the Dead to Bar Claims Brought Originally by the Creditors’ Committee
Not having challenged pre-petition liens on time, a chapter 7 trustee was barred from taking over an adversary proceeding initiated by a now-dissolved chapter 11 creditors’ committee.
3rd Circuit, DelawareApril 16, 2021
No Disqualification When Lawyers at Adversary Firms Were Dating
Delaware bankruptcy judge trusts that dating lawyers at adversary firms didn’t disclose client confidences.
3rd Circuit, DelawareNovember 25, 2020
Pursuing Appointment as a Future Claims Representative Isn’t Compensable in Delaware
Pursuing appointment benefitted the professional career of the applicant and did not benefit the estate, Judge Silverstein said.
3rd Circuit, DelawareSeptember 16, 2020
A Credit Bid Doesn’t Cap the Value of a Secured Lender’s Collateral
Delaware district judge holds that the final bid at auction, not the lender’s last credit bid, fixes the value of the lender’s collateral.
3rd Circuit, DelawareSeptember 14, 2020
University Medical Unscathed After Denby-Peterson, Delaware District Judge Says
The government lost a winnable appeal by failing to present evidence in bankruptcy court.
3rd Circuit, DelawareSeptember 09, 2020
Undisclosed Fee Sharing Results in Disqualification and Disgorgement in Delaware
Since they weren’t bankruptcy lawyers, the firm wasn’t disqualified for the first nondisclosure offense. The second time, Delaware’s Judge Dorsey ordered disqualification and disgorgement
3rd Circuit, DelawareJuly 30, 2020
Federal Income Taxes for a ‘Straddle Year’ Are Administrative Priority Claims
On an issue with no appellate authority, a Delaware district judge rules that federal income taxes are administrative claims if filing occurs before the year’s end.
3rd Circuit, DelawareApril 09, 2020
Suit by Foreign Liquidators Was Remanded to State Court
Delaware district judge permits remand when the suit was subject to mandatory abstention.
3rd Circuit, Delaware