Hanrahan v. Ketch

A husband and wife divorced and entered into a property settlement agreement that compelled the wife to make payments to the husband. But soon thereafter, she declared bankruptcy and sought to discharge her obligation to the ex-husband. In Hanrahan v. Ketch, the Pennsylvania Superior Court was asked to determine if the wife’s debt owed to … Read more

In re Tribune Co.

In the case of In re Tribune Co., some of the creditors of the bankrupt Tribune Co. objected to Tribune’s plan of reorganization. The 3rd Circuit held that the text of § 1129(b)(1) of the Bankruptcy Code supersedes strict enforcement of subordination agreements. In a situation of cramdown plans and subordinated sums, the comparison of … Read more

Artesanias v. North Mill Capital

In this bankruptcy case, the 3rd Circuit clarified that Bankruptcy Code standing is not constitutional standing (thus, not jurisdictional), and that Chapter 7 trustess can relinquish the statutory authority to pursue a claim back to a creditor. The Court then held that the creditor plaintiff had both the constitutional standing as well as the statutory … Read more

In re S.S. Body Armor

In this appeal, the Third Circuit reviewed three orders issued by the Bankruptcy Court. The orders approved a settlement entered in the Chapter 11 bankruptcy case of S.S. Body Armor I, Inc., and either granted or denied related applications for attorneys’ fees and expenses. Attorney Cohen appealed the orders to the District Court, which affirmed the Bankruptcy … Read more