Archives for Joanne T. Semeister

Joanne T. Semeister

Joanne T. Semeister

Partner / Philadelphia, Wilmington

P: 215-772-7477

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…