LexisNexis® Legal Newsroom
3rd Circuit Changes Standard For Asbestos Claim Discharge

PHILADELPHIA - (Mealey's) An en banc Third Circuit U.S. Court of Appeals on June 2 overruled a precedential holding outlining when an asbestos-related claim can be discharged by a bankrupt company's plan of reorganization, saying that the previous test for accrual was too narrow and that courts...

3rd Circuit Says Insurers Have Standing In Dispute Over GIT's Silica-Related Liabilities

PHILADELPHIA - (Mealey's) The Third Circuit U.S. Court of Appeals on May 4 held that insurers have standing to challenge the confirmed Chapter 11 plan of reorganization of Global Industries Technologies Inc. (GIT) ( In re: Global Industrial Technologies, Inc., et al. , No. 08-3650, 3rd Cir.). ...

U.S. Supreme Court Refuses To Hear Law Firm's Appeal Regarding Debt Collection

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on Jan. 23 declined to hear a case in which the Third Circuit U.S. Court of Appeals had determined that a law firm's communication with a Chapter 13 debtor pertaining to the foreclosure of her home was a violation of federal debt collection...

3rd Circuit Upholds Conversion Of Skinner Bankruptcy To Chapter 7

PHILADELPHIA - (Mealey's) A bankruptcy court has the authority to determine at the disclosure statement stage that a Chapter 11 reorganization plan is unconfirmable without first holding a confirmation hearing if it is obvious that the plan is patently unconfirmable, the Third Circuit U.S. Court...

3rd Circuit Rejects Garlock’s Appeal Of Grace’s Plan For Lack Of Injury, Standing

PHILADELPHIA — (Mealey’s) Chapter 11 debtor Garlock Sealing Technologies Inc. does not have standing to object to fellow debtor W.R. Grace & Co.’s confirmed plan of reorganization because Garlock cannot show that it will be harmed by the plan, the Third Circuit U.S. Court of Appeals...