June 23, 2025
Listing a lawsuit explicitly in a disclosure statement may not mean there’s a ‘close nexus’ to provide subject matter jurisdiction for an action brought in bankruptcy court after confirmation.
3rd Circuit , Delaware ,
June 19, 2025
Delaware’s Bankruptcy Judge Goldblatt explains why the Supreme Court’s Truck Insurance opinion says nothing about Article III constitutional standing.
3rd Circuit , Delaware ,
June 5, 2025
When creditors have been paid in full, a trustee may pursue fraudulent transfers for the benefit of defrauded equity holders, Bankruptcy Judge Craig Goldblatt says.
3rd Circuit , Delaware ,
May 20, 2025
The circuit courts are diverging on the utility of equitable mootness to avoid reversing confirmation of chapter 11 plans.
May 19, 2025
Holding $1.4 billion in escrow did not preclude invocation of equitable mootness, Third Circuit majority says.
May 16, 2025
The Third Circuit majority upheld nondebtor, nonconsensual releases because they were part of a sale, making the appeal statutorily moot under Section 363(m).
May 15, 2025
The Third Circuit splits from Seventh and Tenth Circuit opinions dating from 1987 and 1990.
May 8, 2025
The circuits are split on whether equity can extend the 60-day deadline for filing dischargeability complaints.
April 28, 2025
The debtors’ inequitable conduct didn’t relieve counsel of the duty to disclose fees charged for post-petition litigation.
April 21, 2025
Section 107 more broadly protects trade secrets and confidential information than does common law.