October 17, 2016

Arbitration Agreements Held Unenforceable in WARN Act Litigation

Delaware’s Judge Shannon protects workers’ rights, disagreeing with some circuit courts.

3rd Circuit, Delaware

October 06, 2016

Trustee Gets No Fee on Insurance Proceeds Paid to Secured Lender

District judge prescribes local rule for bankruptcy courts.

5th Circuit, Louisiana, Louisiana Western District

August 31, 2016

Delaware Judge Splits with New York by Upholding Reclamation Creditors’ Rights

Judge Walrath disagrees with Judges Lifland and Gonzales on reclamation rights.

3rd Circuit, Delaware

August 23, 2016

Equity Didn’t Help Broker Cheated Out of His Commission by Debtor

Bad result for a broker may have been avoided by raising other issues in the First Circuit.

1st Circuit

August 04, 2016

Preference May Be Offset by an Unpaid Administrative Claim, Judge Carey Rules

Automatic disallowance under Section 502(d) held not applicable to administrative claims.

3rd Circuit, Delaware

August 01, 2016

Third Circuit Precludes WARN Act Liability for Acquirers in Typical LBOs

Common ownership and management aren’t enough to prove ‘single employer’ liability.

3rd Circuit

July 19, 2016

Class Claims Not Categorically Barred in Bankruptcy, Delaware Judge Rules

Failure to notice all class members was pivotal in permitting a class proof of claim.

3rd Circuit

July 12, 2016

Creditors Lack Standing to Appeal in ‘No Asset’ Cases

Sometimes only priority creditors will have standing to appeal, Seventh Circuit says.

7th Circuit

June 28, 2016

Supreme Court Will Review Jevic to Rule on Structured Dismissals and Gift Plans

Having avoided chapter 11 cases, the high court will tackle a major reorganization issue.

May 25, 2016

Supreme Court Likely to Decide Whether ‘Structured Dismissals’ Are Permissible

Justices may rule on whether bankruptcy settlements can disregard Section 507 priorities.

Supreme Court