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3rd Circuit

Intertek USA, Inc. v. Caribbean Petroleum Corp. (In re Caribbean Petroleum Corp.)

Citation: 
TGse No. 13-4415 (3d Cir. Sept. 18, 2014) (Not Precedential)
Ruling: 
The district court's determination that the bankruptcy court orders in question unambiguously provide for pro rata distribution to all holders of general unsecured claims, including tort claims is affirmed.
Judge(s): 
Rendell, Greenaway, Jr., and Krause (author)
Read on...

In re Allen

Citation: 
No. 13-3543, Slip Op. (3rd Cir. September 26, 2014)
Ruling: 
Where a debtor avoids a fraudulent transfer and obtains a recovery order, it has sufficiently "recovered" those funds such that they are part of the debtor's estate under the Bankruptcy Code.
Judge(s): 
Fisher, Scirica, Cowen
Read on...

International Union v. Visteon Corp. (In re Visteon Corp)

Citation: 
International Union v. Visteon Corp. (In re Visteon Corp), No. 12-3352, Slip Op. (3d Cir. Aug. 28, 2014)
Ruling: 
Order of the bankruptcy court termining pension benefits was final and subject to appeal. Party that failed to appeal the order could not get the benefit of the appellate court's reversal of the order.
Judge(s): 
McKee, Chagares, Nygaard
Read on...

Dwyer v. Cappell

Citation: 
Appeal No. 13-3235 (3d Cir. Aug. 11, 2014)
Ruling: 
Reversed and remanded to U.S. District Court for the the New Jersey. As applied to the advertisements of the plaintiff attorney and his firm, a New Jersey Supreme Court attorney conduct guideline that banned advertising using quotations from judicial ...
Judge(s): 
Ambro (author), Hardiman, and Greenaway, Jr.
Read on...

SB Liquidation Trust v. Preferred Bank (In re Syntax-Brillian Corp.)

Citation: 
Nos. 1373 and 13-1959 (3d Cir. Aug. 11, 2014)
Ruling: 
The Third Circuit held that the Bankruptcy Court erred in dismissing avoidance claims under both the Bankruptcy Code and Delaware law because there is no requirement to plead that the defendant had knowledge of the debtor’s fraudulent intent as part ...
Judge(s): 
Jordan, Vanaskie and Van Antwerpen (opinion by Vanaskie)
Read on...

Olick v. City of Easton (In re Olick)

Citation: 
Olick v. City of Easton (In re Olick), Case No. 13-4109 (3d Cir. July 3, 2014)
Ruling: 
The Third Circuit Court of Appeals affirmed the lower courts decision that a global settlement regarding the collection of real estate taxes that was reached amongst several parties also bound the Debtor;s family trust, despite the Debtor assertion that the ...
Judge(s): 
Fisher, Vanaskie, and Aldisert
Read on...

In re Costal Broadcasting Systems, Inc

Citation: 
Slip Op., Docket No. 13-3354 (3rd Cir., June 23, 2014)
Ruling: 
Third Circuit affirmed district court and bankruptcy court on decisions confirming plan of reorganization.
Judge(s): 
Ambro, Greenberg and Barry
Read on...

In re Makowka

Citation: 
No. 13-3469, Slip Op. (3rd Cir. June 9, 2014)
Ruling: 
- District Court's judgment vacated and case remanded for further proceedings. - Under applicable Pennsylvania law, an action in debt does not constitute the proper method to enforce a statutory lien under the Pennsylvania Uniform Planned Community Act. - The Court of ...
Judge(s): 
Hardiman, Sloviter, Barry
Read on...

Galluzzo v. Commissioner of Internal Revenue

Citation: 
Galluzzo v. Commissioner of Internal Revenue, No. 13-3555 (3d Cir. April 24, 2014)
Ruling: 
The United States Tax Court did not have jurisdiction over former debtors' tax redetermination action because the Commissioner of Internal Revenue did not mail a notice of deficiency to the debtors in accordance with section 6212 of the Internal Revenue ...
Judge(s): 
Hardiman, Sloviter, and Barry, Circuit Judges
Read on...

In re Bishop

Citation: 
In re Bishop, No. 13-3805 (3d Cir. Mar. 21, 2014) (unpublished) (per curiam)
Ruling: 
State court judgment may not be appealed to bankruptcy court because bankruptcy court lacks jurisdiction to review the merits of a state court proceeding.
Judge(s): 
Fuentes, Greenberg, and Van Antwerpen
Read on...
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