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Third Circuit Affirms Bankruptcy Jurisdiction to Interpret Confirmation Order and Denies Collateral Attack in Pending CERCLA Litigation

In a reversal of a decision by the New Jersey District Court, the Court of Appeals for the Third Circuit in In re Congoleum Corporation held 2-1 that the bankruptcy court did not have jurisdiction to reopen an earlier proceeding to interpret findings within a confirmation order, holding interpretation of such orders constitutes a bankruptcy core proceeding.  Chief Judge Chagares also reversed the district court as to the effect of that confirmation order in CERCLA proceedings currently pending before the district court.

Read the full blog post.