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Third Circuit holds again that equal treatment is not required in settlements.
Later bankruptcy is no proof of prior inadequate capitalization.
Early valuation aids a debtor in stripping off during an up market.
No need for venue-shopping between Delaware and New York for undersecured creditors.
Creditor can sue when a chapter 13 trustee won’t or can’t.
Condos in New Jersey get better protection from the court than from the state legislature.
Delaware is now on par with New York in disallowing make-whole premiums.
Artful drafting cannot evade ASARCO to reimburse counsel for defense of fees.
Third Circuit decision written by no Third Circuit judges
Foreign sellers take note: State law may confer more benefit than international law.
