Narrow Arbitration Clause Loses the Presumption of Arbitrability
Bankruptcy judge to interpret the contract before arbitrators calculate the result.
Court:
Third Circuit Joins the Majority in the Split Over Late-Filed Tax Returns
Circuit split widens on an issue the Supreme Court has been ducking.
Court:
Treatment of Equally Ranked Undersecured Creditors Is Ready for Appeal in Delaware
Judge Sontchi sticks by his 2016 decision in the Energy Future reorganization.
Court:
Written Motions to Adjourn Foreclosure Do Not Violate the Stay, Circuit Says
Causing a debtor to incur cost isn’t necessarily a stay violation in the Third Circuit.
Court:
Willful Stay Violation Can Justify Damages for Emotional Distress, Third Circuit Says
For an ‘egregious’ stay violation, medical evidence of emotional distress is not required.
Court:
State Law Determines Whether Post-Filing Mechanic’s Liens Are Voidable
Bankruptcy courts can enter final orders voiding mechanic’s liens, Third Circuit says.
Court:
Delaware District Judge Issues Important Opinion on Third-Party Releases
Bankruptcy courts can’t issue final orders approving third-party releases in chapter 11 plans.
Court:
Indenture Trustee’s Counsel Fees Are Measured by a Different Standard
Indenture trustee’s fees to defend fees are compensable despite Baker Botts.
Court:
Does the Lenders’ Lien Attach When a Shipper Disregards a Demand to Stop Delivery?
Is a reclamation notice required if a shipper delivers goods despite a demand to stop delivery?
Court:
A Proper Foreclosure Sale Can Never Be a Preference, Judge Holds
Despite gaining more than through chapter 7, purchasing at foreclosure is no preference.