‘Gift Plan’ Succeeds in Delaware Despite Jevic’s Ban on ‘Structured Dismissals’
Case shows why gift plans and structured dismissals demand a different analysis.
Judge Name - Do not use it.
Richard G. Andrews
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Third Circuit Adopts High Standard for WARN Act Liability
Six circuits now require probability of layoffs as a condition to WARN Act liability.
Judge Name - Do not use it.
Cheryl Ann Krause
Jurisdiction Continues After Confirmation to Complete a Pending Lawsuit
Third Circuit says ‘related to’ jurisdiction can’t be destroyed by subsequent events.
Judge Name - Do not use it.
Thomas L. Ambro
Goods Delivered Directly to a Debtor’s Customers Never Qualify for 503(b)(9)
Judge Shannon writes an important decision for the era of ecommerce.
Judge Name - Do not use it.
Brendan L. Shannon
Receipt under Section 503(b)(9) Occurs on Physical Possession, Third Circuit Holds
Third Circuit aids suppliers because ‘receipt’ can occur after ‘delivery.’
Judge Name - Do not use it.
Thomas M. Hardiman
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.
Judge Name - Do not use it.
Eric L. Frank
Bankruptcy Court Can Rule on Personal Injury Claim with Creditor’s Implied Consent
Supreme Court held that Section 157(b)(5) is not jurisdictional, Delaware district judge says.
Judge Name - Do not use it.
Gregory M. Sleet
To Establish Record Dates, the Plan Applies, Not Securities Regulations
Established practice governing distributions is upheld in Delaware district court.
Judge Name - Do not use it.
Judge Sue L. Robinson
Third Circuit Harmonizes Law v. Siegel with Marrama
Marrama permits relief that’s not explicitly prohibited by the Code, even if policies shown in the statute suggest otherwise.
Judge Name - Do not use it.
Thomas I. Vanaskie
Third Circuit Permits Last Chapter 13 Plan Payment Beyond 60 Months
Two circuits allow discretion for non-culpable debtor to make payment after five years.