April 17, 2025
Foreign reorganizations with nondebtor releases are not ‘manifestly contrary’ to public policy after Purdue, according to Delaware’s Bankruptcy Judge Thomas Horan.
3rd Circuit , Delaware ,
March 7, 2025
The Third Circuit upheld Bankruptcy Judge Goldblatt of Delaware where the answer was self-evident but there was no controlling authority.
February 6, 2025
Delaware judge wouldn’t allow a chapter 11 debtor to restructure the same secured debt a second time in a different venue.
3rd Circuit , Delaware ,
January 27, 2025
In New Jersey, a trustee’s hypothetical judicial lien has priority over a judgment lien if the judgment lienholder has not made a levy on the property.
January 22, 2025
Delaware district court rules that debtors and trustees alone have standing to propose spending estate money outside of the ‘ordinary course.’
3rd Circuit , Delaware ,
January 21, 2025
The ‘ordinary course’ defense only applies to credit terms with healthy customers, not to debtors in financial distress, even if pressure is ordinary in the industry.
3rd Circuit , Delaware ,
January 17, 2025
A district court in New Jersey says that a discretionary fee award is neither a bonus nor an enhancement.
January 15, 2025
If there’s a constructive trust on property in the debtor’s name, the debtor was only the trustee of the constructive trust and had no legal interest in the property.
December 30, 2024
Good faith and attention to detail should enable a failing business to avoid WARN Act liability.
3rd Circuit , Delaware ,
December 20, 2024
A Delaware bankruptcy judge says there could be circumstances when automatic stays will not be enforced after the court has denied a motion to compel arbitration.
3rd Circuit , Delaware ,