Third Circuit Explains When Sale Orders Are Not Automatically Moot
Section 363(m) allows an appeal if the remedy won’t upset the sale itself, Third Circuit says.
Emotional Distress Damages Awarded for Civil Contempt on Automatic Stay Violation
Philadelphia judge socks the city’s parking authority for impounding a debtor’s car twice.
Tax Sales Can Be Avoided as Preferences, New Jersey Judge Rules
Federalism concerns do not protect tax foreclosures like they do mortgage foreclosures, Judge Gravelle says.
Criminal Restitutions Are Not Recoverable as Preferences, Judge Agresti Says
Restitution payment does not qualify for the new value preference defense.
Look Forward 5 Years, Not 25, on Debtor’s Inability to Repay Student Loans, Judge Says
Term of the loan is the ‘relevant period’ for judging student loan dischargeability.
Bankruptcy Court Can Rule on Personal Injury Claim with Creditor’s Implied Consent
Supreme Court held that Section 157(b)(5) is not jurisdictional, Delaware district judge says.
Third Circuit Harmonizes Law v. Siegel with Marrama
Marrama permits relief that’s not explicitly prohibited by the Code, even if policies shown in the statute suggest otherwise.
Third Circuit Permits Last Chapter 13 Plan Payment Beyond 60 Months
Two circuits allow discretion for non-culpable debtor to make payment after five years.
Third Circuit Joins the Majority in the Split Over Late-Filed Tax Returns
Circuit split widens on an issue the Supreme Court has been ducking.
Written Motions to Adjourn Foreclosure Do Not Violate the Stay, Circuit Says
Causing a debtor to incur cost isn’t necessarily a stay violation in the Third Circuit.