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Publication Date: 2024-01-08
Practice Area: Bankruptcy
Industry: Financial Services and Banking
Court: U.S. Bankruptcy Court
Judge: Judge Goldblatt
Attorneys: For plaintiff:
for defendant:
Case Number: 22-10584 (CTG)
Aiding in the making of false statements against the federal government was a claim belonging to the government under the False Claims Act and thus was not released by debtors' third-party release in their reorganization plan.
Publication Date: 2023-12-11
Practice Area: Bankruptcy
Industry: Hospitality and Lodging | Real Estate
Court: U.S. Bankruptcy Court
Judge: Judge Goldblatt
Attorneys: For plaintiff:
for defendant:
Case Number: 23-11463 (CTG)
Court granted motion to dismiss debtor's bankruptcy petition where a receivership order entered by another district court stripped debtor of the authority to file a petition, since debtor could not launch a collateral attack on the merits of the district court's order or its jurisdiction.
Publication Date: 2023-11-27
Practice Area: Bankruptcy
Industry: Investments and Investment Advisory | Real Estate
Court: U.S. Bankruptcy Court
Judge: Judge Goldblatt
Attorneys: For plaintiff:
for defendant:
Case Number: 15-11931 (CTG)
Court erred in capping fees for work performed on both a §303(i) motion and a §362(k) complaint since the debtor could have obtained its full fees had it only filed the complaint and was thus effectively "punished" for filing the motion.
Publication Date: 2023-11-20
Practice Area: Bankruptcy
Industry: Manufacturing | Mining and Resources
Court: U.S. Bankruptcy Court
Judge: Judge Goldblatt
Attorneys: For plaintiff:
for defendant:
Case Number: 16-11626 (CTG)
Although Third Circuit precedent entitled litigant to unseal motion and attach documents pursuant to the public right of access to judicial records, the court certified the case for direct appeal to the Third Circuit to evaluate opposing party's contention that litigant had improper purposes for the motion to unseal.
Publication Date: 2023-09-11
Practice Area: Bankruptcy
Industry: Chemicals and Materials | Energy
Court: U.S. Bankruptcy Court
Judge: Judge Goldblatt
Attorneys: For plaintiff:
for defendant:
Case Number: 16-11501 (CTG)
Creditor's cross-motion for leave to file an amended proof of claim denied where, once the bar date for filing proof of claims has passed, a proof of claim typically cannot be amended to add claims that were not included within the scope of the original proof of claim that did not put the debtor and other interested parties on notice of the extent of the amended claim.
Law Journal Press | Digital Book
Authors: Michael R. Griffinger, Paul F. Cullum III
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Publication Date: 2023-07-10
Practice Area: Bankruptcy
Industry: Financial Services and Banking | Mining and Resources
Court: U.S. Bankruptcy Court
Judge: Judge Goldblatt
Attorneys: For plaintiff:
for defendant:
Case Number: 16-11626 (CTG)
Confirmed reorganization plan potentially barred claims by financial advisor against reorganized debtor when those claims arose between the petition date and effective date and acquirer of reorganized debtor could not bind it to discharged claims.
Publication Date: 2023-05-30
Practice Area: Bankruptcy
Industry: Investments and Investment Advisory | Real Estate
Court: U.S. Bankruptcy Court
Judge: Judge Goldblatt
Attorneys: For plaintiff:
for defendant:
Case Number: 15-11931 (CTG)
Debtor could recover reasonable legal costs incurred in dismissing involuntary petition filed by creditors to trigger their contractual rights to remove debtor from management role, rather than recover their claims against debtor's estate, but debtor suffered no lost profits damages where it was already an effectively defunct business at the time of the petition.
Publication Date: 2023-05-02
Practice Area: Bankruptcy
Industry: Health Care
Court: U.S. Bankruptcy Court
Judge: Judge Goldblatt
Attorneys: For plaintiff:
for defendant:
Case Number: 18-12491 (CTG)
Creditors holding legal claims against a debtor were not required to file a lawsuit outside of the bankruptcy process in addition to filing a proof of claim to preserve their claims from the expiration of the statute of limitations, as the bankruptcy code required evaluating proof of claims as of the date of the bankruptcy filing, and requiring the filing of separate lawsuits ran contrary to the purpose of bankruptcy to provide a single forum to resolve claims against a debtor.
Publication Date: 2023-04-25
Practice Area: Bankruptcy
Industry: Insurance
Court: U.S. Bankruptcy Court
Judge: Judge Goldblatt
Attorneys: For plaintiff:
for defendant:
Case Number: 23-10097 (CTG)
Court declined to approve opt-out procedure for obtaining creditor consent to third-party releases, where the court's prior order may have had the effect of preventing certain creditors from learning about their claims against debtors or the third-party beneficiaries until after the deadline to opt out.
Publication Date: 2023-03-21
Practice Area: Bankruptcy
Industry: Financial Services and Banking | E-Commerce
Court: U.S. Bankruptcy Court
Judge: Judge Goldblatt
Attorneys: For plaintiff: N/a
for defendant: N/a
Case Number: 20-12836 (JTD)
The court granted debtors' trustees' request to clarify a previous court order indicating that the trust may acquire third-party claims in instances involving separate litigation claims. Although defendant corporation argued that the trustees lacked standing to bring the claims, the court disagreed and noted that because the trustees were post-confirmation entities, they did not need to seek the bankruptcy court's approval prior to filing an action.
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