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Lawyers React To Justices’ Ruling On Bankruptcy Court Power

May 27, 2015

Law360, New York (May 26, 2015, 8:02 PM ET) — On Tuesday, the Supreme Court overturned a Seventh Circuit decision…

Bankruptcy Cases To Watch In The 2nd Half Of 2014

July 14, 2014

Law360
By Maria Chutchian

As 2014 stretches into its final half, bankruptcy professionals can expect clarification in several areas of uncertainty, including the full…

Bankruptcy and Commercial Transactions with Foreign Entities: What Law Governs?

July 8, 2014

As most astute manufacturers know, there is a statutory right under Bankruptcy Code section 503(b)(9) to assert an administrative priority…

Supreme Court to Consider Bankruptcy Court Jurisdiction Issues in Fall 2014

July 8, 2014

As has been widely publicized, the United States Supreme Court recently provided guidance on a bankruptcy court’s  jurisdiction to address…

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…

Montgomery McCracken Grows Bankruptcy and Reorganization Practice

January 24, 2008

           Of Counsel Joseph O’Neil, Jr. Brings Diverse Expertise to the Firm PHILADELPHIA, January 24, 2008 – Montgomery McCracken announced…