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3rd Circuit

Third Circuit Dissenter Says that Bankruptcy Judges ‘Assist’ Article III Judges

The dissenter on rehearing believes there are narrow grounds for reopening a closed bankruptcy case.

3rd Circuit

Third Circuit: Confirmation Order Was Res Judicata Between Third Parties

The majority on a Third Circuit panel decided that a confirmation order many years earlier prevented one nondebtor from suing another nondebtor on an issue that wouldn’t affect the debtor’s estate but did entail interpreting the confirmation order.

3rd Circuit

On Panel Rehearing, Third Circuit Permits Reopening a 22-Year-Old Case

Reversing its prior decision after rehearing, the Third Circuit allowed a bankruptcy judge to interpret a confirmation decision made 12 years before by a district judge.

3rd Circuit

Retaining Jurisdiction Doesn’t Ensure Subject Matter Jurisdiction After Confirmation

Listing a lawsuit explicitly in a disclosure statement may not mean there’s a ‘close nexus’ to provide subject matter jurisdiction for an action brought in bankruptcy court after confirmation.

3rd Circuit
Delaware

Opposing Relief, a Creditor Isn’t Required to Show Constitutional Standing

Delaware’s Bankruptcy Judge Goldblatt explains why the Supreme Court’s Truck Insurance opinion says nothing about Article III constitutional standing.

3rd Circuit
Delaware

There’s an Exception to the Rule that Fraudulent Transfer Recoveries Can’t Benefit Shareholders

When creditors have been paid in full, a trustee may pursue fraudulent transfers for the benefit of defrauded equity holders, Bankruptcy Judge Craig Goldblatt says.

3rd Circuit
Delaware

The ‘Dissent’ in Boy Scouts Favored Using Equitable Mootness to Uphold Nondebtor Releases

The circuit courts are diverging on the utility of equitable mootness to avoid reversing confirmation of chapter 11 plans.

3rd Circuit

As to Appealing Insurers, the Boy Scouts Plan Was Not Equitably Moot

Holding $1.4 billion in escrow did not preclude invocation of equitable mootness, Third Circuit majority says.

3rd Circuit

Third Circuit Upholds Boy Scouts’ Nonconsensual Releases, Purdue Notwithstanding

The Third Circuit majority upheld nondebtor, nonconsensual releases because they were part of a sale, making the appeal statutorily moot under Section 363(m).

3rd Circuit

Third Circuit Holds: Magistrate Judges May Issue Final Orders on Bankruptcy Appeals

The Third Circuit splits from Seventh and Tenth Circuit opinions dating from 1987 and 1990.

3rd Circuit
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