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Two Circuits Limit Creditors’ Setoff Rights in Bankruptcy Cases
  • Schulte Roth & Zabel LLP
  • USA
  • October 18 2018

“The right of setoff allows entities to apply their mutual debts against each other to avoid the pointless exercise of ‘making A pay B when B owes A

Third Circuit Upholds Implied Consent to Bankruptcy Court Jurisdiction
  • FisherBroyles LLP
  • USA
  • September 12 2018

Federal bankruptcy judges, who are not appointed under Article III of the Constitution, do not have the power to enter a final judgment in all matters

Third Circuit Upholds Foreclosure Sale Against Preference Attack
  • Baker & Hostetler LLP
  • USA
  • July 23 2018

On July 19, the Third Circuit Court of Appeals entered a decision upholding the results of a foreclosure sale against a debtor’s allegation that the

Recent Bankruptcy Decision Raises Questions for Trademark Licensees
  • Dickinson Wright
  • USA
  • January 30 2018

If you are a licensee under a trademark license, what happens to your license if the licensor winds up in the Bankruptcy Court? A recent United States

The First Circuit Joins Several Other Circuit Courts in Finding That Creditors’ Committees Have an Unconditional Right to Intervene in Adversary Proceedings
  • Caplin & Drysdale, Chartered
  • USA
  • January 23 2018

On September 22, 2017, the First Circuit Court of Appeals held that 1109(b) of the Bankruptcy Code (the “Code”) provides a creditors’

Prison for Bankruptcy Fraud Where Creditors Paid 100
  • Clark Hill PLC
  • USA
  • January 11 2018

On November 7, 2017, a panel of the Third Circuit, in an unreported decision, upheld the District Court’s determination that intended loss equaled the

Third Circuit Sheds Light on Eligibility for Administrative Priority Under Section 503(b)(9)
  • Arent Fox LLP
  • USA
  • November 27 2017

In deciding whether to afford administrative priority to claims arising from goods shipped shortly before a debtor’s bankruptcy filing, the Third

Committees Have an Unconditional Right to Intervene...Subject to Certain Caveats
  • Arent Fox LLP
  • USA
  • October 20 2017

On September 22, 2017, the First Circuit issued a decision holding that the Official Committee of Unsecured Creditors (the “UCC”) appointed in the

Equitable Mootness Doctrine Persists in Bankruptcy Appeals
  • Skadden Arps Slate Meagher & Flom LLP
  • USA
  • September 19 2017

In recent years, courts have become increasingly critical of the doctrine of equitable mootness, a judicially created abstention doctrine that allows

Without WARN-ing: Third Circuit Clarifies WARN Act's Unforeseen Business Circumstances Exception
  • Jones Day
  • USA
  • August 30 2017

What Happened: The Third Circuit Court of Appeals joined five other circuits in holding that the unforeseen business circumstances exception excused