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Myles MacDonald

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The Third Circuit Weighs in on The Warn Act

By Myles MacDonald on September 18, 2017
Posted in Bankruptcy, Bankruptcy Litigation, Business Bankruptcy Issues

Short Summary

In In re AE Liquidation, Inc., 866 F.3d 515 (3d Cir. 2017), the Third Circuit answered two important legal questions under the Worker Adjustment and Retraining Notification Act of 1988 (the WARN Act).  First, the Third Circuit held that when a corporation is sold as a going concern, there is a presumption…

Section 1129(a)(9)(A) Trumps DIP Orders

By Myles MacDonald on April 3, 2017
Posted in Bankruptcy, Bankruptcy Litigation, Recent Developments

Traditional DIP Order Carve Outs Do Not Cap the Administrative Claims of Committee Professionals

On January 5, 2017, Judge Sontchi of the Bankruptcy Court for the District of Delaware issued an opinion (the “Opinion”) in the pending Molycorp Chapter 11 case (Case No. 15-11357).  In re Molycorp, Inc., 562 B.R. 67 (Bankr.…

In re Roust: Seven Steps to Confirming a Plan in Seven Days

By Myles MacDonald on February 13, 2017
Posted in Bankruptcy, Business Bankruptcy Issues, Recent Developments

On January 6, 2017, Judge Robert D. Drain of the Bankruptcy Court for the Southern District of New York orally approved a prepackaged plan of reorganization (a “Prepack”) in In re Roust Corporation, et al. (Case No. 16-23786), only seven days after Roust Corporation (“Roust Corp”) and two of its affiliates,…

Yellowstone and the Barton Doctrine in the Third Circuit

By Myles MacDonald on December 13, 2016
Posted in Bankruptcy, Bankruptcy Litigation

The Barton doctrine, which has been imposed in “an unbroken line of cases … as a matter of federal common law,” In re Linton, 136 F.3d 544, 545 (7th Cir. 1998) (Posner, J.), requires that plaintiffs “obtain authorization from the bankruptcy court before initiating an action in another forum against certain officers appointed by the…

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