March 27, 2020
Delaware District Court Upholds Discharge of Environmental Fines in Chapter 11
Environmental fines are discharged in chapter 11 because they do not result from pecuniary loss.
3rd Circuit, DelawareFebruary 10, 2020
Fraudulent Transfer Damages Limited to Creditors’ Total Claims
Delaware’s Judge Owens won’t allow perpetrators of a fraudulent transfer to benefit from avoiding the transfer.
3rd Circuit, DelawareJanuary 29, 2020
Four-Year Statute of Limitations Can Stretch to at Least Seven Years, Judge Owens Says
The one-year discovery clause in UFTA allows a debtor or trustee to file an avoidance suit even if the ordinary four-year statute has elapsed.
3rd Circuit, DelawareJanuary 23, 2020
Stays Are Automatic from Denial of a Motion to Dismiss for Sovereign Immunity
Courts are divided on whether the district court loses jurisdiction to stay proceedings in bankruptcy court after the filing of a notice of appeal.
3rd Circuit, DelawareJanuary 14, 2020
Delaware Judge Upholds U.S. Trustee Fee Increase in Pending Cases
Parting with some other bankruptcy courts, Judge Walrath upholds the constitutionality of the major increase in U.S. Trustee fees that was imposed on pending cases in early 2018.
3rd Circuit, DelawareDecember 10, 2019
Opting Out Won’t Justify Imposing Third-Party Releases, Delaware Judge Says
Saying she is in the minority in her district, a new Delaware judge ruled that allowing creditors to opt out won’t permit a plan to impose nonconsensual, third-party releases.
3rd Circuit, DelawareOctober 15, 2019
Sanctions Imposed on a Law Firm Retained under a Fictitious Name
Although Florida permits practicing law under a fictitious name, the Bankruptcy Rules are more rigorous and require full disclosure, new Delaware judge says.
3rd Circuit, DelawareSeptember 26, 2019
Another Court Limits ‘Related To’ Jurisdiction Based on Indemnification Claims
W.R. Grace makes more law on channeling injunctions.
3rd Circuit, DelawareSeptember 19, 2019
Sometimes, a Claim Purchaser Can’t File a Claim, Delaware Judges Say
Judges Stark and Carey from Delaware distinguish between prohibiting the power and the right to assign a claim.
3rd Circuit, DelawareJuly 23, 2019
Delaware District Court Doesn’t Want 2,400 Johnson & Johnson Talcum Powder Suits
The Pacor test for ‘related to’ jurisdiction isn’t so broad when it comes to indemnification agreements.
3rd Circuit, Delaware