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Results:1-10 of 51

Federal appellate court ruling sounds the liability alarm for officers and directors of struggling health care providers both non-profit and for-profit
  • Cadwalader Wickersham & Taft LLP
  • USA
  • March 5 2015

Last month, the United States Court of Appeals for the Third Circuit issued an important, 28-page opinion that confirmed a jury verdict, holding


Eighth Circuit rules that a “perpetual” trademark licensing agreement is an “executory” contract subject to rejection under Bankruptcy Code Section 365
  • Cadwalader Wickersham & Taft LLP
  • USA
  • November 19 2012

The United States Court of Appeals for the Eighth Circuit recently ruled that a perpetual, royalty-free, and exclusive trademark licensing agreement qualified as an executory contract subject to assumption or rejection under section 365 of the Bankruptcy Code.


Third Circuit reiterates narrow application of equitable mootness doctrine
  • Cadwalader Wickersham & Taft LLP
  • USA
  • September 18 2012

The United States Court of Appeals for the Third Circuit recently reiterated its position that the doctrine of equitable mootness should only apply if granting relief on appeal would undermine a consummated bankruptcy plan.


Third Circuit severs invalid forum clause for arbitration, permits arbitration to proceed only in district of challenge
  • Cadwalader Wickersham & Taft LLP
  • USA
  • July 31 2012

Control Screening LLC v. Technology Application and Production Company, No. 11-2896 (3d Cir. 2012), involved a review of the District Court’s direction that arbitration occur in the District of New Jersey.


Federal-Mogul court confirms that bankruptcy law trumps anti-assignment provisions in insurance policies
  • Cadwalader Wickersham & Taft LLP
  • USA
  • July 18 2012

On May 1, 2012, the United States Court of Appeals for the Third Circuit in In re FederalMogul Global, Inc. confirmed that anti-assignment provisions in a debtor’s insurance liability policies are preempted by the Bankruptcy Code to the extent they prohibit the transfer of a debtor’s rights under such policies to a personal-injury trust pursuant to a chapter 11 plan


Frenville gone but not forgotten: Third Circuit prohibits retroactive application of Grossman’s
  • Cadwalader Wickersham & Taft LLP
  • USA
  • June 1 2012

The ability to discharge debts (i.e., liability on a claim) is essential to the fundamental goal of chapter 11 of the Bankruptcy Code providing debtors with a fresh start by resolving all claims that arose before confirmation of the debtor’s plan of reorganization.


In re Heritage Highgate, Inc.: timing is everything to secured creditors facing valuation issues
  • Cadwalader Wickersham & Taft LLP
  • USA
  • May 25 2012

On May 14, 2012, the United States Court of Appeals for the Third Circuit upheld a ruling by the Bankruptcy Court for the District of New Jersey that the fair market value of a creditor’s collateral as of the plan’s confirmation date is the proper method of valuing a secured creditor’s claim pursuant to section 506(a) of the Bankruptcy Code.


Delaware’s not so safe harbors: Third Circuit Bankruptcy Court declines to rule that a payment on a letter of credit is an avoidance-proof “settlement payment”
  • Cadwalader Wickersham & Taft LLP
  • USA
  • April 17 2012

On March 26, 2012, Judge Mary F. Walrath of the United States Bankruptcy Court for the District of Delaware refused to rule that, as a matter of law, payments made to satisfy a debtor’s obligations under a letter of credit constitute “settlement payments” protected from avoidance under section 546(e) of the Bankruptcy Code.


Third Circuit upholds use of discounted cash flow method under Bankruptcy Code Section 562 in In re American Home Mortgage Holdings, Inc., et al.
  • Cadwalader Wickersham & Taft LLP
  • USA
  • March 2 2011

On February 16, 2011, the United States Court of Appeals for the Third Circuit ruled that a discounted cash flow analysis constituted "a commercially reasonable determinant of value" for purposes of section 562(a) of the United States Bankruptcy Code.


The Third Circuit reaffirms jurisdictional limits on third party injunctions
  • Cadwalader Wickersham & Taft LLP
  • USA
  • October 27 2010

In the W.R. Grace bankruptcy, the United States Court of Appeals for the Third Circuit recently reaffirmed its prior rulings on the controversial issue of a bankruptcy court’s power to enjoin actions by third parties against non-debtors.