Benchnotes

Benchnotes By Christina Sanfelippo, Aaron M. Kaufman and Bradley D. Pack 1 Third Circuit Discusses Equitable Authority to Appoint Receivers for Corporations, Ownership of Successor-Liability Claims In a consolidated appeal, the Third Circuit considered the issues of

Benchnotes By Aaron M. Kaufman, Bradley D. Pack and Christina Sanfelippo 1 Ninth Circuit: Section 1322(c)(2) Allows Bifurcation of Short-Term Loans Secured Against Debtors’ Primary Residences In Mission Hen LLC v. Lee, 2 the Ninth Circuit considered whether the debtor’s

Benchnotes By Aaron M. Kaufman, Bradley D. Pack and Christina Sanfelippo 1 Priority Wage Claims Must Be Counted for Sub V Eligibility, Even if Paid Post-Petition In a case of first impression, Hon. Eduardo V. Rodriguez of the U.S. Bankruptcy Court for the Southern

Benchnotes By Aaron M. Kaufman, Bradley D. Pack and Christina Sanfelippo 1 Insurance Policy Buybacks and Settlements Approved in Rockville Centre Diocese Case In mass tort cases like many of the diocese sexual abuse bankruptcies, insurance can present a valuable source

Benchnotes By Bradley D. Pack, Aaron M. Kaufman and Christina Sanfelippo 1 Constitutional Challenge to Chapter 13 Trustee Compensation Scheme Rejected The salaries of chapter 13 trustees are paid by the trustees’ collection of a percentage fee from every plan payment

Benchnotes By Christina Sanfelippo, Aaron M. Kaufman and Bradley D. Pack 1 Delaware Bankruptcy Court Authorizes “Opt-Out” Nondebtor Third-Party Releases Hon. Craig Goldblatt of the U.S. Bankruptcy Court for the District of Delaware recently considered the standards for

Benchnotes By Aaron M. Kaufman, Bradley D. Pack and Christina Sanfelippo One Practical Effect of Using Bankruptcy to Pursue Litigation in the Context of a Ponzi Scheme: The In Pari Delicto Defense In Kelly v. BMO Harris Bank NA, 1 the Eighth Circuit explained one key

Benchnotes By Bradley D. Pack, Aaron M. Kaufman and Christina Sanfelippo Reverse Alter-Ego Claims Are Property of Bankruptcy Estate and Can Be Sold/Settled by Trustee In In re Nordlicht , 1 the Second Circuit Court of Appeals held that claims that business entities are

Benchnotes By Christina Sanfelippo, Aaron M. Kaufman and Bradley D. Pack Supreme Court Finds No Authority for Nondebtor Third-Party, Nonconsensual Releases In Harrington v. Purdue Pharma LP , 1 the U.S. Supreme Court reversed the Second Circuit’s order approving the

Benchnotes By Aaron M. Kaufman, Bradley D. Pack and Christina Sanfelippo Court Affirms “Enhanced” 37-Month Sentence for Attorney’s Concealment of Brother’s Money The appeal in United States v. Kowalksi concerned the propriety of a 37-month sentence for an attorney who