November 20, 2020
Sometimes, being too aggressive backfires when the defendant files bankruptcy.
November 16, 2020
Before paying up front for a lifetime club membership, read the fine print and consult a lawyer.
October 9, 2020
A gaming license in Pennsylvania is a revocable ‘privilege.’
October 1, 2020
An obligation can be penal in nature, and thus nondischargeable, even though it’s measured by pecuniary loss.
September 16, 2020
Delaware district judge holds that the final bid at auction, not the lender’s last credit bid, fixes the value of the lender’s collateral.
3rd Circuit , Delaware ,
September 14, 2020
The government lost a winnable appeal by failing to present evidence in bankruptcy court.
3rd Circuit , Delaware ,
September 9, 2020
Since they weren’t bankruptcy lawyers, the firm wasn’t disqualified for the first nondisclosure offense. The second time, Delaware’s Judge Dorsey ordered disqualification and disgorgement
3rd Circuit , Delaware ,
August 31, 2020
Pragmatic opinion by Circuit Judge Ambro allows cramdown to achieve ‘rough justice.’
August 28, 2020
Even when after a finding of bad faith, the court retains discretion to deny punitive damages, Third Circuit says. Compensatory damages are not available if the debtor was failing anyway.
August 7, 2020
Third Circuit’s Judge Bibas says that courts use the wrong nomenclature when they say that creditors lack standing to pursue claims belonging to the estate. It’s a question of statutory authority, he said, not standing.