Triangular Setoff Barred (Again) in Delaware A triangular setoff, valid under state law, is unenforceable in bankruptcy under Section 553(a). Judge Name - Do not use it. Kevin Gross Read more about Triangular Setoff Barred (Again) in Delaware
New Jersey Judges Side with the Minority on Turnover of Repossessed Autos Split deepens regarding failure to return a repossessed auto as an automatic stay violation. Judge Name - Do not use it. Noel L. Hillman Read more about New Jersey Judges Side with the Minority on Turnover of Repossessed Autos
Liquidators Conducting GOB Sales Are Not ‘Professionals’ Covered by Section 327 U.S. Trustee rebuffed in subjecting liquidators to retention as ‘professionals’ under Section 327. Judge Name - Do not use it. Brendan Linehan Shannon Read more about Liquidators Conducting GOB Sales Are Not ‘Professionals’ Covered by Section 327
District Court Finds Constitutional Power to Grant Releases in Confirmation Orders Delaware district judge rules that the bankruptcy court has final adjudicatory power to include third-party releases in confirmation orders. Judge Name - Do not use it. Leonard P. Stark Read more about District Court Finds Constitutional Power to Grant Releases in Confirmation Orders
Third Circuit Upholds Revocation of $275 Million Breakup Fee Third Circuit creates a high standard for revoking a vested contract right. Judge Name - Do not use it. Marjorie O. Rendell Read more about Third Circuit Upholds Revocation of $275 Million Breakup Fee
Delaware District Judge Upholds Horizontal ‘Gifting’ in a Chapter 11 Plan Narrow reading of ‘equitable mootness’ in Tribune is limited to cases involving a dispute between two classes. Judge Name - Do not use it. Richard G. Andrews Read more about Delaware District Judge Upholds Horizontal ‘Gifting’ in a Chapter 11 Plan
A Plan Can Release Claims for Post-Confirmation Conduct, Third Circuit Says Third Circuit leaves open the question of whether distributions to shareholders in chapter 11 must follow FINRA rules. Judge Name - Do not use it. Stephanos Bibas Read more about A Plan Can Release Claims for Post-Confirmation Conduct, Third Circuit Says
Third Circuit Explores the Limits of Channeling Injunctions Protecting Insurers Caution: Do not use heavy machinery. Reading this story may induce drowsiness. Judge Name - Do not use it. Thomas L. Ambro Read more about Third Circuit Explores the Limits of Channeling Injunctions Protecting Insurers
FDCPA Applies to Debt Collectors Even if They Own the Debt Thomas Ambro on the Third Circuit answers a question the Supreme Court left open in <em>Henson v. Santander</em>. Read more about FDCPA Applies to Debt Collectors Even if They Own the Debt
Punitive Damages under Section 303(i) Can’t Be Offset, Third Circuit Says One involuntary petition dismissed in bankruptcy court has now spawned three important opinions at the circuit level. Judge Name - Do not use it. Marjorie O. Rendell Read more about Punitive Damages under Section 303(i) Can’t Be Offset, Third Circuit Says