Skip to main content
Enter a keyword
  • Login
  • Home

    Main navigation

    Menu
    • US Law
      • Chapter 15 Cases
    • Regions
      • Africa
      • Asia Pacific
      • Europe
      • North Africa/Middle East
      • North America
      • South America
    • Headlines
    • Education Resources
      • ABI Committee Articles
      • ABI Journal Articles
      • Covid 19
      • Conferences and Webinars
      • Newsletters
      • Publications
    • Events
    • Firm Articles
    • About Us
      • ABI International Board Committee
      • ABI International Member Committee Leadership
    • Join
    R-E-C-O-V-E-R: find out what it means to the Third Circuit
    2014-10-08

    Because we couldn’t possibly top Judge Fisher’s opening line, we’re borrowing it for our introduction of In re Daniel W.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Subject-matter jurisdiction, Third Circuit
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    “Officer” titles – do they confer insider status?
    2014-09-24

    Insider status in U.S. bankruptcy carries with it significant burdens. Insiders face a one year preference exposure rather than the 90 day period applicable to non-insiders; insiders are by definition disinterested persons and may not be retained to provide professional services and transactions among debtors and their insiders are subject to heightened scrutiny under the entire fairness doctrine.

    Filed under:
    USA, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Dechert LLP, Third Circuit
    Location:
    USA
    Firm:
    Dechert LLP
    I hear nothing, I see nothing, I know nothing: Third Circuit says transferee’s knowledge not relevant to establishing fraudulent transfer claims
    2014-09-17

    The extent of a transferee’s knowledge in the context of fraudulent transfer claims under the Bankruptcy Code has been a frequent topic of discussion on the Weil Bankruptcy Blog.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor, Fraud, United States bankruptcy court, Third Circuit
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Third Circuit rules failure to appeal leaves union and its retirees without a remedy
    2014-09-09

    On August 28, 2014, the Court of Appeals for the Third Circuit[1] delivered a stern admonition about the risk of failing to appeal when it ruled that a union that had not filed a notice of appeal could not benefit from a successful appeal by another union in the same matter.

    Filed under:
    USA, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Caplin & Drysdale, Chartered, Trade union, Third Circuit
    Authors:
    Todd E. Phillips , Kevin C. Maclay , James P. Wehner
    Location:
    USA
    Firm:
    Caplin & Drysdale, Chartered
    Third Circuit affirms Bankruptcy Court’s denial of Third Party Releases of indenture trustee due to inadequate disclosure
    2014-08-05

    In an opinion filed on July 3, 2014, in the case of In re Lower Bucks Hospital, et al., Case No. 10-10239 (ELF), the United States Court of Appeals for the Third Circuit (Third Circuit) affirmed a decision of the United States Bankruptcy Court for the Eastern District of Pennsylvania (Bankruptcy Court), which denied approval of third-party releases benefitting The Bank of New York Mellon Trust Company, N.A., in its capacity as indenture trustee (BNYM, or the Trustee).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, ArentFox Schiff, Third Circuit
    Authors:
    Jeffrey N. Rothleder , Andrew I. Silfen , Leah M. Eisenberg , Ronni N. Arnold
    Location:
    USA
    Firm:
    ArentFox Schiff
    Plaintiffs seek U.S. Supreme Court review of diacetyl ruling
    2014-08-01

    In a petition for a writ of certiorari, plaintiffs alleging harm by exposure to the flavoring agent diacetyl have argued that the Third Circuit erred in ruling that Aaroma Holdings cannot be held liable for the actions of diacetyl producer Emoral Inc., which Aaroma purchased following the alleged exposures. Diacetyl Plaintiffs v. Aaroma Holdings, No. 14-71 (U.S., petition for writ of certiorari filed July 18, 2014).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Shook Hardy & Bacon LLP, Third Circuit
    Authors:
    Mark D. Anstoetter , Madeleine M. McDonough
    Location:
    USA
    Firm:
    Shook Hardy & Bacon LLP
    Litigation claimants get a second chance in bankruptcy appeal
    2014-07-25

    On June 17, 2014, a three-judge panel of the Third Circuit Court of Appeals1 vacated a District Court’s dismissal order and resuscitated a bankruptcy appeal brought by a group of litigation creditors seeking recourse against the debtors post-confirmation.2 The Third Circuit opinion is an important reminder to both debtors and creditors that the doctrine of “equitable mootness” has limits and that confirmation of a plan does not preclude review of post-confirmation actions inconsistent with obligations in the plan.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Caplin & Drysdale, Chartered, Third Circuit
    Authors:
    Todd E. Phillips , James P. Wehner
    Location:
    USA
    Firm:
    Caplin & Drysdale, Chartered
    Court rejects settlement for inadequate disclosure
    2014-07-11

    An indenture trustee learned a hard lesson last week when the U.S. Court of Appeals for the Third Circuit held that the description of a feature of its settlement with the debtor in a disclosure statement was inadequate and rendered a key element of the plan and the settlement unenforceable against third-party litigants. It is well established that adequate disclosure of a release provision contained in a reorganization plan is essential to its inclusion in the plan and its enforceability against third parties.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Robinson & Cole LLP, Third Circuit
    Authors:
    Patrick M. Birney , Michael R. Enright , Steven J. Boyajian
    Location:
    USA
    Firm:
    Robinson & Cole LLP
    Third Circuit questions ability of bankruptcy proceedings to discharge tort claims for latent disease
    2014-05-29

    Earlier this week, the Third Circuit affirmed a federal bankruptcy court’s dismissal of a mesothelioma claim against a bankrupt oil company that arose as an adversary proceeding fifteen years after the bankruptcy plan was confirmed and discharged all outstanding claims.  The Circuit held that because the parties conceded the claim arose at the time of the victim’s asbestos exposure, which pre-dated the defendant’s bankruptcy, a

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy, Constructive notice, Bankruptcy discharge, Third Circuit
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Debt purchaser’s credit bid limited post-Fisker
    2014-05-28

    In the March/April 2014 edition of the Business Restructuring Review, we discussed an important ruling from a Delaware bankruptcy court restricting a creditor’s right to credit bid an acquired claim in bankruptcy sale of the underlying collateral. In In re Fisker Automotive Holdings, Inc., 2014 BL 13998 (Bankr. D. Del. Jan. 17, 2014), leave to app. denied, 2014 BL 33749 (D. Del. Feb. 7, 2014), certification denied, 2014 BL 37766 (D. Del. Feb. 12, 2014), the bankruptcy court limited the amount of the credit bid to the discounted purchase price actually paid for the debt.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Debt, Secured creditor, United States bankruptcy court, Third Circuit
    Location:
    USA
    Firm:
    Jones Day

    Pagination

    • First page « First
    • Previous page ‹‹
    • …
    • Page 26
    • Page 27
    • Page 28
    • Page 29
    • Current page 30
    • Page 31
    • Page 32
    • Page 33
    • Page 34
    • …
    • Next page ››
    • Last page Last »
    Home

    Quick Links

    • US Law
    • Headlines
    • Firm Articles
    • Board Committee
    • Member Committee
    • Join
    • Contact Us

    Resources

    • ABI Committee Articles
    • ABI Journal Articles
    • Conferences & Webinars
    • Covid-19
    • Newsletters
    • Publications

    Regions

    • Africa
    • Asia Pacific
    • Europe
    • North Africa/Middle East
    • North America
    • South America

    © 2025 Global Insolvency, All Rights Reserved

    Joining the American Bankruptcy Institute as an international member will provide you with the following benefits at a discounted price:

    • Full access to the Global Insolvency website, containing the latest worldwide insolvency news, a variety of useful information on US Bankruptcy law including Chapter 15, thousands of articles from leading experts and conference materials.
    • The resources of the diverse community of United States bankruptcy professionals who share common business and educational goals.
    • A central resource for networking, as well as insolvency research and education (articles, newsletters, publications, ABI Journal articles, and access to recorded conference presentation and webinars).

    Join now or Try us out for 30 days