Third Circuit

Third Circuit Allows Third Party Release on "Exceptional" Facts

04/08/20
Third party releases have long been a controversial feature of certain chapter 11 plans. They are neither specifically allowed nor prohibited by the plain language of the Bankruptcy Code. This has led courts to reach differing results. There are two important principles at play in these cases. On the one hand, bankruptcy exists to provide relief to debtors. On the other hand, bankruptcy plans are intended to provide the greatest possible return to creditors.
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Third Circuit Ruling on Constitutional Authority of Bankruptcy Courts Can Provide Guidance for the Looming Wave of COVID-19 Cases

04/07/20

The economic fallout from the COVID-19 pandemic will leave in its wake a significant increase in commercial chapter 11 filings. Many of these cases will feature extensive litigation involving breach of contract claims, business interruption insurance disputes, and common law causes of action based on novel interpretations of long-standing legal doctrines such as force majeure.

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Supreme Court Set to Hear Passive Stay Violation Case

12/29/19
Seeking to resolve a 5-3 split among the Courts of Appeals, the Supreme Court will consider whether a creditor which passively retains property of the estate violates the automatic stay.  Case No. 19-357, City of Chicago v. Fulton. The Second, Seventh, Eighth, Ninth and Eleventh Circuits have ruled that retaining possession or control of property of the debtor violates the stay. The Third, Tenth and D.C.
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Jevic Could Be the Most Consequential Chapter 11 Decision in Many Years

10/14/16

The U.S. Supreme Court will hear the case of Czyzewski v. Jevic Holding Corp. during the new term that began last week.  The questions it presents are relatively simple.  First, can a bankruptcy court, in dismissing a case under the U.S.

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Third Circuit Affirms Bankruptcy Opinion – Trump Entertainment

01/18/16

On January 15, 2016, the Third Circuit Court of Appeals issued a precedential opinion (the “Opinion”) affirming the October 20, 2014 opinion of Judge Gross.  The Opinion is available here.  My blog post about Judge Gross’ opinion is available here: Trump Entertainment – A Debtor’s Rejection of a Bargaining Agreement.  Note, this was a direct appeal f

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Third Circuit Allows for More Options for Buyers in a 363 Sale

09/22/15

On September 14, 2015, the Third Circuit released a precedential opinion (the “Opinion”) which addressed payments from a buyer to non-debtor parties in a 363 sale.  The Third Circuit’s opinion is available here.  If you prefer the version of the Opinion published by Westlaw, it is ICL Holding Company, Inc., et al. v. United States, 2015 WL 5315604 (3d Cir. Sept. 14, 2015).

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Fisker Automotive Chapter 11 Case: a Two-Headed Stalking Horse and a New Credit Bidding Controversy

01/31/14

Fisker Automotive’s chapter 11 case began in what has become a depressingly familiar fashion – a fast-tracked sale to a secured lender.  However, two rulings by Judge Kevin Gross of the U.S.

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Fisker Automotive Chapter 11 Case: a Two-Headed Stalking Horse and a New Credit Bidding Controversy

01/31/14

Fisker Automotive’s chapter 11 case began in what has become a depressingly familiar fashion – a fast-tracked sale to a secured lender.  However, two rulings by Judge Kevin Gross of the U.S.

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Third Circuit Opinion Creates Precedent Important for Secured Creditors

05/16/12

The Third Circuit released a precedential opinion on May 14, 2012 that can greatly impact bankruptcy debtors attempting to reorganize as well as their secured creditors.  A copy of the opinion is available here (the "Opinion").  Because Fox Rothschild was directly involved in this case and argued before the Third Circuit, I will only be providing a brief summary of the Opinion.

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Supreme Court Indubitably Grapples With Credit Bidding

04/24/12

 

The Supreme Court heard arguments yesterday in RadLAX Gateway Hotel over whether the Bankruptcy Code permits a debtor in a chapter 11 case to sell encumbered assets without providing its secured lenders an opportunity to credit bid their debt. 

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