Delaware Trust Co. v. Energy Future Intermediate Holding Co. LLC (In re Energy Future Holdings Corp.

Citation:
16-1351 (3rd Circuit, Nov 17,2016) Published
Case Status:
Reversed and Remanded
Ruling:

Provision in loan indenture calling for a redemption premium is enforceable after the debt is accelerated due to a bankruptcy filing and the debtor, during the bankruptcy proceeding, opts to...

Judge(s):
Ambro, Smith and Fisher
Tag(s):

U.S.A. v. Free

Citation:
Case No. 15-2939 (3d Cir. Oct. 6, 2016)
Ruling:
Reversed and remanded. Under the federal Sentencing Guidelines, "loss" must reflect the actual pecuniary loss incurred, or which a defendant intended to incur, through bankruptcy fraud. Only...
Judge(s):
Fuentes (author), Shwartz, and Restrepo, C.J.
Tag(s):

Rosenberg v DVI Receivables

Citation:
No. 15-2622, 3d Cir. Aug. 29, 2016
Ruling:
Section 303(i) of the Bankruptcy Code allows a former debtor to seek costs, attorneys' fees, and damages against a petitioning creditor, where a court dismisses an involuntary bankruptcy petition. ...
Judge(s):
AMBRO, JORDAN and SCIRICA, Circuit Judges
Tag(s):

Rosenberg v DVI Receivables

Citation:
Rosenberg v. DVI Receivables XVII, LLC, Case No. 15-2622 (3rd Cir. Aug. 29, 2016)
Ruling:
Section 303(I) of the Bankruptcy Code does not preempt state law claims of non-debtors predicated on the filing of an involuntary bankruptcy petition. The opinion, however, expressly disclaimed...
Judge(s):
Ambro, Jordan, and Scirica
Tag(s):

New York House Authority v. G-I Holdings, Inc. (In re G-I Holdings Inc.)

Citation:
No. 15-2164 (3d Cir. July 18, 2016) (Not Precedential)
Ruling:
District Court order affirmed. Governmental entity may not repackage its monetary claim as a claim for injunctive relief in order to avoid being bound by a confirmed plan. Distinguishes In re...
Judge(s):
Smith (author), Roth, and Rendell
Tag(s):

Tehrani v. Walters

Citation:
Tehrani v. Walters, Case No. 15-2317 (3d Cir. May 20, 2016) (not precedential)
Ruling:
Affirming the decision of the United States District Court for the District of New Jersey ("District Court") and holding that the District Court did not err in (a) rejecting the debtors'...
Judge(s):
McKee, Ambro, Scirica
Tag(s):

Slobodian v. I.R.S

Citation:
No. 15-2833 (3d Cir. May 10, 2016)
Ruling:
Five alleged preferential transfers made by Net Pay (a payroll processor) to the IRS, on behalf of five different clients, were not avoidable under 11 U.S.C. § 547(b) of the Bankruptcy Code. Four...
Judge(s):
SMITH and HARDIMAN, Circuit Judges
Tag(s):

In re Energy Future Holdings Corp. et al.

Citation:
In re Energy Future Holdings Corp., Case No. 15-1591 (3d Cir. May 4, 2016)
Ruling:
1. The use of a "tender offer" to solicit a settlement, subject to bankruptcy court approval, is permissible if the "tender offer" is appropriately structured. 2. A settlement outside of the...
Judge(s):
Greenaway Jr., Vanaskie, and Shwartz
Tag(s):

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