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ABI Journal

3rd Circuit

Third Circuit Explains When Sale Orders Are Not Automatically Moot

Section 363(m) allows an appeal if the remedy won’t upset the sale itself, Third Circuit says.

Inaccurate Disclosure Nixes a $275 Million Energy Future Breakup Fee Approved a Year Earlier

Breakup fee cannot be paid if the court or regulators disapprove a proposed sale.

Bankruptcy Court Finds Constitutional Power to Grant Releases in Confirmation Orders

Delaware bankruptcy judge disagrees with district court on final adjudicatory power to include third-party releases in confirmation orders.

Constructive Eviction Is Ok to Protect Estate Property, Even Without a Court Order

Third Circuit gives immunity to a trustee for unilateral action protecting estate property.

Delaware Judge Narrows Jevic to Prohibit Only End-of-Case Priority Skipping

Priority skipping permitted as part of final approval of DIP financing.

Third-Party Releases Approved Without Awaiting the Outcome of Merit Management

Third-party releases would have been approved even if there were no ‘safe harbor’ defense.

Emotional Distress Damages Awarded for Civil Contempt on Automatic Stay Violation

Philadelphia judge socks the city’s parking authority for impounding a debtor’s car twice.

Receivership May Not Preclude a Board’s Ability to File Bankruptcy

A receiver who is not ‘disinterested’ can justify putting a company in bankruptcy.

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

Federalism concerns do not protect tax foreclosures like they do mortgage foreclosures, Judge Gravelle says.