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ABI Journal

3rd Circuit

Narrow Arbitration Clause Loses the Presumption of Arbitrability

Bankruptcy judge to interpret the contract before arbitrators calculate the result.

Third Circuit Joins the Majority in the Split Over Late-Filed Tax Returns

Circuit split widens on an issue the Supreme Court has been ducking.

Treatment of Equally Ranked Undersecured Creditors Is Ready for Appeal in Delaware

Judge Sontchi sticks by his 2016 decision in the Energy Future reorganization.

Written Motions to Adjourn Foreclosure Do Not Violate the Stay, Circuit Says

Causing a debtor to incur cost isn’t necessarily a stay violation in the Third Circuit.

Willful Stay Violation Can Justify Damages for Emotional Distress, Third Circuit Says

For an ‘egregious’ stay violation, medical evidence of emotional distress is not required.

State Law Determines Whether Post-Filing Mechanic’s Liens Are Voidable

Bankruptcy courts can enter final orders voiding mechanic’s liens, Third Circuit says.

Delaware District Judge Issues Important Opinion on Third-Party Releases

Bankruptcy courts can’t issue final orders approving third-party releases in chapter 11 plans.

Indenture Trustee’s Counsel Fees Are Measured by a Different Standard

Indenture trustee’s fees to defend fees are compensable despite Baker Botts.

Does the Lenders’ Lien Attach When a Shipper Disregards a Demand to Stop Delivery?

Is a reclamation notice required if a shipper delivers goods despite a demand to stop delivery?

A Proper Foreclosure Sale Can Never Be a Preference, Judge Holds

Despite gaining more than through chapter 7, purchasing at foreclosure is no preference.