Bankruptcy Notice to a Creditor Represented by Counsel in State Court Is Adequate
Conversely, giving notice to a creditor’s state-court counsel may not be adequate, New Jersey judge says.
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Delaware’s Judge Walrath Writes a Primer on Consignments
Perfecting a consignment is easy, but failing to do so is disastrous.
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Sovereign Immunity Doesn’t Insulate States from Lien Stripping
For three independent reasons, Judge Taddonio rules that states are not immune from stripping down or stripping off tax liens.
Reading Stern Narrowly, Delaware Judge to Issue Final Order in Fraudulent Transfer Suit
Judge Sontchi declines to rule that 28 U.S.C. § 157 is unconstitutional by denominating fraudulent transfer suits as ‘core’ proceedings.
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Third Circuit Strips Debt Buyers of Defenses Under the FDCPA
Hiring a collection agent will not insulate a debt buyer from liability under the FDCPA.
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Third Circuit Pronounces a Damages Formula for Fraudulent Entireties Transfers
Third Circuit lauds Bankruptcy Judge Agresti for ‘prescient thinking.’
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Barton Also Protects Asbestos Trusts, Delaware Judge Says
If a suit filed in violation of Barton ends up in bankruptcy court, must the judge still dismiss? The courts are split.
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A Lack of ‘Stern’ Jurisdiction Bars a Transfer Under 28 U.S.C. § 1631
Third Circuit makes a fine distinction regarding bankruptcy courts as ‘courts of the U.S.’
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A Tenant with a Rejected Lease Could End Up Paying No Rent, Third Circuit Says
A tenant with a rejected lease retains ‘recoupment’ rights in addition to the protections in Section 365(h).
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Delaware Judge Allows Unsecured Claim for Contractual Attorneys’ Fees
Delaware district judge reads Supreme Court’s Travelers opinion as requiring the allowance of post-petition contractual claims for attorneys’ fees.
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