Rochellel's Daily Wire

May 08, 2025

Equity Won’t Extend the Deadline for Filing a Dischargeability Complaint

The circuits are split on whether equity can extend the 60-day deadline for filing dischargeability complaints.

3rd Circuit, Pennsylvania, Pennsylvania Eastern District

October 23, 2024

Equitable Tolling Can Extend Statutes of Limitations Under Section 546(a)

Dilatory actions by a debtor tolled statutes of limitations for a trustee’s suit against a third party.

3rd Circuit, Pennsylvania, Pennsylvania Eastern District

January 31, 2024

Congress Must Act to Permit Chapter 7 Debtors to Pay Counsel After Filing

Bifurcated fee arrangements are cumbersome, temporary fixes for a problem that the Supreme Court created in Lamie.

3rd Circuit, Pennsylvania, Pennsylvania Western District

November 07, 2023

Lawyer Must Disclose a Client’s Misconduct, Even When It’s ‘Uncomfortable’

Lawyers aren’t guarantors for a client’s misconduct, but they may be sanctioned for a coverup.

3rd Circuit, Pennsylvania, Pennsylvania Western District

September 27, 2023

A Settlement Term Sheet Signed After Mediation Was an Enforceable Contract

The state law standards for creation of a contract governed enforceability of a term sheet signed after mediation.

3rd Circuit, Pennsylvania, Pennsylvania Eastern District

July 17, 2023

Lack of Creditor Opposition Isn’t Grounds for Extending an Expiring Automatic Stay

A repeat filer in chapter 13 must show ‘clear and convincing evidence’ of improved financial condition to warrant an extension of the automatic stay under Section 362(c)(3)(B), Chief Judge Taddonio says.

3rd Circuit, Pennsylvania, Pennsylvania Western District

May 08, 2023

Disagreement on Bankruptcy Court’s Jurisdiction to Give ‘Innocent Spouse’ Relief

Bankruptcy Judges Marvin Isgur and Gregory Taddonio disagree on whether the bankruptcy court has subject matter jurisdiction to grant ‘innocent spouse’ relief to a debtor.

3rd Circuit, Pennsylvania, Pennsylvania Western District

March 17, 2023

A Receiver May File a Chapter 9 Petition over City Officials’ Objections

The requirement in chapter 9 to negotiate in good faith before filing is satisfied if the parties are ‘simply too far apart,’ says Bankruptcy Judge Chan.

3rd Circuit, Pennsylvania, Pennsylvania Eastern District

March 09, 2023

Dismissal Isn’t Mandatory if a New Filing Is Within 180 Days of a Voluntary Dismissal

Courts are split on whether Section 109(g)(2) mandates dismissal whenever an individual or family farmer refiles within 180 days, regardless of whether a lift-stay motion prompted dismissal of the first case.

3rd Circuit, Pennsylvania, Pennsylvania Eastern District

November 28, 2022

A Two-Year Delay in Filing a Retention Application Resulted in Denial of Fees

Pittsburgh Bankruptcy Judge Gregory Taddonio says that lawyers must search in PACER before signing up a new client.

3rd Circuit, Pennsylvania, Pennsylvania Western District