Case Updates
Third Circuit denies petition for rehearing to reconsider the novel standard that the panel set for determining whether a debtor is in financial distress and able to access chapter 11
March 22, 2023
Click here to view the order.
U.S. Chamber files coalition amicus brief urging Third Circuit to grant rehearing en banc to repudiate panel’s novel standard for determining whether a debtor is in financial distress
February 21, 2023
Click here to view the coalition amicus brief. Ilana H. Eisenstein, R. Craig Martin, and Richard A. Chesley of DLA Piper LLP and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber
Third Circuit dismisses petitioner’s chapter 11 bankruptcy case for bad faith because petitioner was not in financial distress due to funding agreement
January 30, 2023
Click here to view the opinion.
U.S. Chamber files coalition amicus brief in Third Circuit arguing that history and precedent support the use of bankruptcy to deal with mass tort liability that threatens insolvency of the entity
August 22, 2022
Click here to view the coalition amicus brief. Ilana H. Eisenstein and Craig Martin of DLA Piper LLP and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.
Case Documents
- U.S. Chamber Coalition Amicus Brief -- In re LTL Management, LLC (Third Circuit).pdf
- Opinion -- In re LTL Management, LLC (Third Circuit).pdf
- U.S. Chamber Coalition Amicus Brief (rehearing petition) -- In re LTL Management, LLC (Third Circuit).pdf
- Order Denying Rehearing -- In re LTL Management, LLC (Third Circuit).pdf