Bankruptcy Litigation

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.

Retention of Jurisdiction by Itself Does Not Confer Subject Matter Jurisdiction, Circuit Holds

First Circuit narrowly interprets ‘arising in’ jurisdiction.

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.

Chapter 11 Exit Strategies

When Cases Collide

Bankruptcy Judge Rejects Equitable Defenses to Fraudulent Transfer Claim

Madoff trustee racks up two victories in one day.

Class Claim Allowed to Deter Incorrect Business Practice

Consummating a plan demonstrated that a class claim did not prejudice case administration.