Tender Offers in Bankruptcy Pass Muster in the Third Circuit
Third Circuit holds again that equal treatment is not required in settlements.
Judge Name - Do not use it.
Patty Shwartz
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Subjective Test Without Hindsight Employed to Determine Adequate Capitalization
Later bankruptcy is no proof of prior inadequate capitalization.
Judge Name - Do not use it.
Thomas I. Vanaskie
Valuation Date Chosen to Avoid ‘Gamesmanship’
Early valuation aids a debtor in stripping off during an up market.
Judge Name - Do not use it.
Brendan L. Shannon
Judges Sontchi and Drain Agree on Treatment Among Undersecured Creditors
No need for venue-shopping between Delaware and New York for undersecured creditors.
Judge Name - Do not use it.
Christopher S. Sontchi
Chapter 13 Equated with Chapter 11 on Derivative Standing for Creditors
Creditor can sue when a chapter 13 trustee won’t or can’t.
Judge Name - Do not use it.
Ashley M. Chan
Unpaid Condominium Fees Cannot Be Stripped Off in New Jersey
Condos in New Jersey get better protection from the court than from the state legislature.
Judge Name - Do not use it.
Freda L. Wolfson
No Claim Arises from Loss of a Make-Whole Premium, Delaware District Judge Holds
Delaware is now on par with New York in disallowing make-whole premiums.
Judge Name - Do not use it.
Richard G. Andrews
Delaware Judge Categorically Bars All Counsel from Compensation for Defense of Fees
Artful drafting cannot evade ASARCO to reimburse counsel for defense of fees.
Judge Name - Do not use it.
Mary F. Walrath
Third Circuit Pens a Treatise on Burden of Production
Third Circuit decision written by no Third Circuit judges
Judge Name - Do not use it.
David Sentelle
UCC Inapplicable to Define ‘Received’ for 20-Day Administrative Claims in Foreign Trade
Foreign sellers take note: State law may confer more benefit than international law.
Judge Name - Do not use it.
Petrese B. Tucker