3rd Circuit

To Establish Record Dates, the Plan Applies, Not Securities Regulations

Established practice governing distributions is upheld in Delaware district court.

Court :

3rd Circuit

Delaware

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.

Court :

3rd Circuit

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.

Court :

3rd Circuit

Narrow Arbitration Clause Loses the Presumption of Arbitrability

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

Court :

3rd Circuit

Delaware

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.

Court :

3rd Circuit

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

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

Court :

3rd Circuit

Delaware

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.

Court :

3rd 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.

Court :

3rd Circuit

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

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

Court :

3rd Circuit

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.

Court :

3rd Circuit

Delaware

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