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3rd Circuit

Tax Sales Can Be Avoided as Preferences, New Jersey District Judge Rules

Not a true public sale, a tax foreclosure in New Jersey can be attacked as a preference without implicating concerns about federalism.

3rd Circuit
New Jersey

Delaware & New York Courts Still Agree on Treatment Among Undersecured Creditors

Post-petition interest accruals aren’t counted in figuring distributions among undersecured creditors with liens on the same collateral.

3rd Circuit
Delaware

Federal Common Law of Constructive Trust Works When State Law Won’t

Delaware judge shows sympathy for a creditor being stiffed by the debtor.

3rd Circuit
Delaware

Delaware Judge Nixes the Notion of Implied Assumption of Executory Contracts

An asset purchaser cannot escape liability for appropriating the benefits of a contract that was not assumed and assigned.

3rd Circuit
Delaware

Consumer Protection Claims by Governments Are Discharged in Chapter 11

Consumer protection claims brought by states are nondischargeable in chapter 11 only when the state has been the target of fraudulent representations.

3rd Circuit
Delaware

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 District

Third Circuit Pushes Back on Widespread Invocation of Rooker-Feldman

A federal court can undermine a state court judgment without offending Rooker-Feldman, Third Circuit says.

3rd Circuit

Bankruptcy Courts Aren’t ‘Courts’ and Don’t Have Power to Transfer

Don’t stretch bankruptcy jurisdiction when the statute of limitations is about to expire.

3rd Circuit
Delaware

Third Circuit Narrowly Interprets Delaware Fraudulent Transfer Law

Venezuela let off the hook for expropriating assets.

3rd Circuit

Delaware District Judge Seemingly Splits with Second Circuit on the Safe Harbor

Delaware district and bankruptcy judges now disagree with the Second Circuit’s holding that the federal safe harbor preempts state fraudulent transfer law.

3rd Circuit
Delaware
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