The New Jersey Law Journal recently published an article discussing the breadth and extent of bankruptcy court jurisdiction as applied by the Third Circuit Court of Appeals. The article discusses three cases from last year: (i) Phila. Entm’t & Dev.
Bankruptcy Litigation Briefing
Bankruptcy Litigation Briefing, published by Fox Rothschild LLP, focuses on developments and litigation in bankruptcy and financial restructuring. The blog covers topics such as bankruptcy court rulings, creditor and debtor rights, motions for relief from automatic stay, fraudulent transfer claims, and the impact of bankruptcy on intellectual property licenses. It provides analysis of significant bankruptcy cases, strategies for business restructuring, and insights into trustee roles and creditor committees. The content addresses practical legal issues faced by creditors, debtors, and businesses navigating financial distress and bankruptcy litigation nationwide.
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Tenth Circuit Concurrence Highlights the Importance of Careful Pleadings in Demonstrating Prudential Standing
A recent concurring opinion from a Tenth Circuit decision highlighted the importance of careful pleading in bankruptcy court to ensure a creditor’s prudential standing on appeal.
In Slovak Republic v. Loveridge (In re EuroGas, Inc.), the United States Bankruptcy Court…
Fyre Festival Trustee Approved for 2004 Exams of Social Media Influencers
In the Fyre Festival LLC chapter 7 bankruptcy case, pending in the US Bankruptcy Court for the Southern District of New York, the chapter 7 trustee was recently granted broad authority to conduct 2004 examinations related to a variety of…
Federal Judiciary Will Stay Open…For Now
Following news of the federal Judiciary’s imminent shutdown earlier this month, the government branch now estimates that it has sufficient funding to stay open through January 25, 2019.
The delayed closure comes as a result of strong efforts to…
Government Shutdown: How is it impacting Federal Courts?
The government shutdown began on December 22, 2018 and continues. Recent media covering the shutdown have begun to focus on how this is impacting the federal judiciary — including the federal district & United States bankruptcy courts.
According to the…
28 U.S.C. § 1404 or 28 U.S.C. § 1412? The Debate Over Venue Transfer Statutes Continues.
The United States District Court for the Northern District of Texas recently considered the question of which statute applies when a district court seeks to transfer a case related to a bankruptcy proceeding: 28 U.S.C. § 1404 or 28 U.S.C.…
Warning: Third-Party Services and Access to Documents in CM/ECF
Federal courts across the country have issued a warning regarding the use of third-party services. This warning is applicable to all CM/ECF filers:
CM/ECF filers should be aware of the potential to inadvertently share restricted documents when using third-party services or…
When Bankruptcy Is Used to Halt State Court Litigation
This week, a electricity supplier, Starion Energy, filed for chapter 11 bankruptcy in the U.S. Bankruptcy Court for the District of Delaware and the case is pending before the Honorable Mary F. Walrath.
The Debtor…
Sixth Circuit BAP: Order Denying Motion to Dismiss a Bankruptcy Case is Not a Final Order
The Bankruptcy Appellate Panel of the Sixth Circuit recently held that a post-confirmation motion to dismiss a bankruptcy case is not a final order that is immediately appealable.
In this case, the appellants filed a judgment lien against debtor, who…
Cert Granted in TM Bankruptcy Case
As I previously blogged about, there is a circuit split as to whether, when a trademark owner/licensor files for bankruptcy, the licensee of the trademark can legally continue use of the mark or whether the trademark owner/licensor can reject its obligations under…