Douglas J. Smillie is a shareholder and Chair of the Firm’s Litigation Group. Mr. Smillie’s practice includes commercial litigation and trials, bankruptcy and creditors rights, shareholder disputes and business litigation, non-competition and trade secrets, media law, and employment litigation.
I recently reported on the Third Circuit Court of Appeals’ decision in In re Lansaw, in which the Court upheld the imposition of sanctions, including the award of emotional distress damages, for violations of the automatic stay. I suggested that creditors be guided accordingly. Despite the clear signals from the Courts, stay violations continue and the […]
Few things in life are certain. Death. Taxes. Chapter 13 plan payments must be completed within 5 years. But wait – the Third Circuit Court of Appeals recently held that a Chapter 13 Debtor can receive a discharge, even if the final plan payment is made after 60 months. In a case of first impression […]
The Pennsylvania Superior Court has held that the removal of a state law claim from the state courts to the federal bankruptcy court pre-empted the defendants’ subsequent suit under the Dragonetti Act for wrongful use of civil proceedings. The facts are summarized as follows: Landlord commenced an action against Law Firm and its partners for […]