Skip to main content
Help Center

Plan’s Treatment of Secured Claim Trumps Failure to Redeem on Time

Courts split on whether failure to redeem on time is fatal in reorganization.

3rd Circuit
Pennsylvania
Pennsylvania Eastern District

Third Circuit Insulates the IRS from Preference Claims for Trust Fund Taxes

Aggregation was not permitted to surmount the $6,225 minimum for preferences.

3rd Circuit

Third Circuit Tries to Synthesize Illinois Law on Veil Piercing and Unjust Enrichment

Third Circuit relies on a Seventh Circuit opinion to understand Illinois law.

3rd Circuit

Tender Offers in Bankruptcy Pass Muster in the Third Circuit

Third Circuit holds again that equal treatment is not required in settlements.

3rd Circuit

Subjective Test Without Hindsight Employed to Determine Adequate Capitalization

Later bankruptcy is no proof of prior inadequate capitalization.

3rd Circuit

Valuation Date Chosen to Avoid ‘Gamesmanship’

Early valuation aids a debtor in stripping off during an up market.

3rd Circuit
Delaware

Judges Sontchi and Drain Agree on Treatment Among Undersecured Creditors

No need for venue-shopping between Delaware and New York for undersecured creditors.

3rd Circuit
Delaware

Chapter 13 Equated with Chapter 11 on Derivative Standing for Creditors

Creditor can sue when a chapter 13 trustee won’t or can’t.

3rd Circuit
Pennsylvania
Pennsylvania Eastern District

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.

3rd Circuit
New Jersey

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.

3rd Circuit
Delaware
Subscribe to %1