April 13, 2019
Sovereign Immunity Doesn’t Insulate States from Lien Stripping
For three independent reasons, Judge Taddonio rules that states are not immune from stripping down or stripping off tax liens.
3rd Circuit, Pennsylvania, Pennsylvania Western DistrictFebruary 01, 2018
Another Example: Student Loans Are Virtually Impossible to Discharge
District court second-guesses the sufficiency of evidence that the bankruptcy court found sufficient.
3rd Circuit, Pennsylvania, Pennsylvania Eastern DistrictSeptember 14, 2017
Third-Party Releases Approved Without Awaiting the Outcome of Merit Management
Third-party releases would have been approved even if there were no ‘safe harbor’ defense.
3rd Circuit, Pennsylvania, Pennsylvania Western DistrictSeptember 12, 2017
Emotional Distress Damages Awarded for Civil Contempt on Automatic Stay Violation
Philadelphia judge socks the city’s parking authority for impounding a debtor’s car twice.
3rd Circuit, Pennsylvania, Pennsylvania Eastern DistrictSeptember 11, 2017
Receivership May Not Preclude a Board’s Ability to File Bankruptcy
A receiver who is not ‘disinterested’ can justify putting a company in bankruptcy.
3rd Circuit, Pennsylvania, Pennsylvania Western DistrictAugust 29, 2017
Criminal Restitutions Are Not Recoverable as Preferences, Judge Agresti Says
Restitution payment does not qualify for the new value preference defense.
3rd Circuit, Pennsylvania, Pennsylvania Western DistrictJune 27, 2017
Look Forward 5 Years, Not 25, on Debtor’s Inability to Repay Student Loans, Judge Says
Term of the loan is the ‘relevant period’ for judging student loan dischargeability.
3rd Circuit, Pennsylvania, Pennsylvania Eastern DistrictJanuary 31, 2017
A Proper Foreclosure Sale Can Never Be a Preference, Judge Holds
Despite gaining more than through chapter 7, purchasing at foreclosure is no preference.
3rd Circuit, Pennsylvania, Pennsylvania Western DistrictNovember 28, 2016
Insurance Companies Have Fewer Protections than Landlords and Aircraft Lessors
Absent special-interest legislation for bankruptcies, insurance companies remain in limbo.
3rd Circuit, Pennsylvania, Pennsylvania Eastern DistrictSeptember 07, 2016
Punitive Damage Claim from Involuntary Dismissal Brings Jury Trial Rights
Section 303(i)(2) claim, similar to malicious prosecution, invokes Seventh Amendment jury trial rights.
3rd Circuit, Pennsylvania, Pennsylvania Eastern District