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17 Montgomery McCracken Attorneys Listed in The Best Lawyers in America© 2019

August 15, 2018

Montgomery McCracken is pleased to announce that 17 of the firm’s attorneys have been recognized in the 2019 edition of…

Montgomery McCracken Partner Tricia J. Sadd Served as Speaker for the Pennsylvania Bar Institute’s Agricultural Law Forum

November 7, 2016

Montgomery McCracken partner Tricia J. Sadd was a faculty member and speaker at the Pennsylvania Bar Institute’s Agricultural Law Forum…

Third Circuit: Bankruptcy Court Has Jurisdiction to Interpret Its Own Orders

August 7, 2013

On July 30, 2013, the Third Circuit Court of Appeals found that the Bankruptcy Court can interpret its own orders….

Third Circuit Update: Subchapter S Corporation Tax Status Not Estate Property

June 4, 2013

The Third Circuit Court of Appeals, in a case of first impression at the Circuit Court level, has determined that…

Supreme Court Alert: “Defalcation” Defined to Determine Discharge of Debt

May 21, 2013

For years, the term “defalcation” as used in the Bankruptcy Code has been largely undefined, leaving courts to fashion their…

Recent Decisions in Bankruptcy Court

March 18, 2013

  Third Circuit Finds Covenant Not to Sue in Patent Settlement is a License that Cannot be Rejected under Bankruptcy…

Summer Never Sleeps for Bankruptcy Opinions in the Third Circuit

September 28, 2012

Plan Confirmation In In re American Capital Equipment, LLC, 688 F.2d 145 (3d Cir. 2012), the Third Circuit ruled that…

Third Circuit Upholds Bankruptcy Court’s Use of Real Estate Appraisal of Fair Market Value Under §506(a) And Clarifies Burden of Proof in Such Cases

July 25, 2012

In In re Heritage Highgate, Inc., 679 F.3d 132 (3d Cir. 2012), the Third Circuit held that the bankruptcy court…

Supreme Court Alert: High Court Upholds Right to Credit Bid

May 30, 2012

As noted in our last bulletin, the issue of whether a secured creditor’s right to credit bid in a non-consensual or “cramdown”…

Alert from Montgomery McCracken’s Bankruptcy & Corporate Restructuring Practice

May 16, 2012

Bankruptcy Perjury Not Cause for Deportation On April 16, 2012, the Third Circuit Court of Appeals reversed a Jamaican immigrant’s…

Recent Third Circuit Decision Opens Door to Administrative Expense Priority for Pension Withdrawal Liability

December 1, 2011

In In re Marcal Paper Mills, Inc., 650 F.3d 311 (3d Cir. 2011), the Third Circuit Court of Appeals determined…

Third Circuit Overrules Frenville

October 20, 2010

In overruling the often criticized case of Matter of M. Frenville Co., Inc., 744 F.2d 332 (3d Cir. 1984), the…

Delaware Bankruptcy Judge Rules That Payment Does Not Prevent Use of New Value Defense in Favorable Opinion for Vendors

May 1, 2010

Many businesses will at some point find themselves a defendant in a preference action commenced by or on behalf of…