Archives for Joanne T. Semeister
Complying with the Clery Act — Important Tips and Updates
September 24, 2013
The Annual Security Report required by the Clery Act is due October 1, 2013. Crime statistics for 2012 are to…
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…
Governor Christie Signs New Solar Legislation Helping the New Jersey Solar Industry
July 24, 2012
See the attached alert outlying the new solar legislation helping the New Jersey solar Industry. Download PDF for full article
New N.J. Legislature on solar renewable energy programs
July 24, 2012
See the attached New Jersey Legislature amended by the Senate on June 25, 2012 that includes revisions of certain solar renewable energy programs…
The Clery Act – A Strong Reminder About Compliance in Light of the Penn State Tragedy
July 17, 2012
The Freeh Report on Pennsylvania State University – an independent investigative report commissioned by Penn State’s Board of Trustees, in…
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…
Pennsylvania Commonwealth Court Reverses Grant of Variance for Dilworth House Project in Philadelphia
April 20, 2012
Last week, the Commonwealth Court dealt a legal setback to developer John Turchi’s efforts to develop the former home of…
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…
Real Estate & Land Use and Zoning Alert: Philadelphia’s Stormwater Management-New Charges are now in effect
August 2, 2010
Within the last month, the City of Philadelphia has begun to implement a change in the method of calculating a…
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…