Res Judicata Bars Objections to Plan Amendments that Could Have Been Raised Before
Is feasibility of a plan reviewed for abuse of discretion or clear error? The circuits are split.
Third Circuit Finds Constitutional Power to Grant Releases in Confirmation Orders
Third Circuit emphasizes the limitation of nonconsensual, third-party releases to ‘exceptional’ cases.
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.
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.