Rochellel's Daily Wire

December 21, 2021

Owner of a Long-Defunct Business Didn’t Qualify for Subchapter V

Being an ordinary employee didn’t mean that the debtor was engaged in business to qualify for Subchapter V.

3rd Circuit, Pennsylvania, Pennsylvania Western District

October 14, 2021

Refusing to Release an Attachment After Filing Is No Stay Violation Following Fulton

Pennsylvania’s Judge Conway hints that failure to stop proceedings after bankruptcy can be an automatic stay violation, even after Fulton.

3rd Circuit, Pennsylvania, Pennsylvania Middle District

March 29, 2021

Pennsylvania District Judge Holds that FLSA Suit Is Not Halted by Automatic Stay

Splitting with the Sixth Circuit, Pittsburgh district judge rules that a FLSA suit falls within the ‘police and regulatory’ exception to the automatic stay.

3rd Circuit, Pennsylvania, Pennsylvania Western District

January 11, 2021

Bankruptcy Judge Won’t Rule on the Constitutionality of Pandemic Regulations

Finding a proper exercise of regulatory power isn’t required to invoke the exception to the automatic stay.

3rd Circuit, Pennsylvania, Pennsylvania Western District

November 20, 2020

Exercise Caution in Electing Remedies Against Someone Who May File Bankruptcy

Sometimes, being too aggressive backfires when the defendant files bankruptcy.

3rd Circuit, Pennsylvania, Pennsylvania Western District

October 09, 2020

A Gaming License Isn’t ‘Property’ and Thus Can’t Be Fraudulently Transferred

A gaming license in Pennsylvania is a revocable ‘privilege.’

3rd Circuit, Pennsylvania, Pennsylvania Eastern District

January 08, 2020

A Pennsylvania Gambling License Isn’t ‘Property’ Recoverable as a Fraudulent Transfer

Sovereign immunity required dismissal of a suit to recover the value of a gambling license because the suit wasn’t an ancillary exercise of the bankruptcy court’s in rem jurisdiction over a res.

3rd Circuit, Pennsylvania, Pennsylvania Eastern District

October 28, 2019

Sovereign Immunity Doesn’t Insulate States from Lien Stripping, District Court Says

States have no sovereign immunity defense to lien stripping, even if the state has not filed a proof of claim.

3rd Circuit, Pennsylvania, Pennsylvania Western District

June 13, 2019

A Nonparty’s Bankruptcy Isn’t Providing Ground for Removal to Federal Court

The right of indemnification by a bankrupt isn’t establishing ‘related to’ jurisdiction in federal court.

3rd Circuit, Pennsylvania, Pennsylvania Eastern District

May 22, 2019

‘Earmarking’ Only Applies When a Debtor Receives a Loan from a Third Party

Money taken from a debtor’s own retirement account to pay a creditor does not qualify for the earmarking defense, Chief Judge Fehling says.

3rd Circuit, Pennsylvania, Pennsylvania Eastern District