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3rd Circuit

U.S. Securities and Exchange Commission v. Bocchino (In re Bocchino)

Citation: 
Civil No. 14-4299 (3d Cir. July 23, 2015) (Precedential)
Ruling: 
The scienter requirement of Section 523(a)(2)(A) may be satisfied by grossly reckless behavior. Proof of actual intent to defraud is not required.
Judge(s): 
Chagares, Krause, and Van Antwerpen (author)
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In re One2One Communications, LLC

Citation: 
In re: One2One Commc’ns, LLC, Case No. 13-3410 (3d Cir. July 21, 2015)
Ruling: 
The Third Circuit Court of Appeals ruled that the District Court abused its discretion in dismissing the appeal of a confirmed chapter 11 plan on grounds of equitable mootness.
Judge(s): 
Chief Judge McKee; Judge Greenway, Jr.; and Judge Krause
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Official Committee of Unsecured Creditors v. CIT Group/Business Credit Inc. (In re Jevic Holding Corp.)

Citation: 
Official Committee of Unsecured Creditors v. CIT Group/Business Credit Inc. (In re Jevic Holding Corp.), No. 14-1465 (3d Cir. May 21, 2015)
Ruling: 
The United States Court of Appeals for the Third Circuit held where there is no showing that a structured dismissal of a chapter 11 case "has been contrived to evade the procedural protections and safeguards of the plan confirmation or ...
Judge(s): 
Hardiman, Scirica, and Barry, Circuit Judges
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Kaymark v. Bank Of America

Citation: 
No. 14-1816 (3d Cir. Apr. 7, 2015)
Ruling: 
Plaintiff in state and federal fair debt collection action sufficiently pled that disputed fees in the body of a foreclosure complaint against his home constituted actionable misrepresentation under the Fair Debt Collection Practices Act.
Judge(s): 
FUENTES, FISHER and KRAUSE, Circuit Judges.
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Pyfer v. American Management Services, Inc. (In re National Pool Construction, Inc.)

Citation: 
Case No. 14-1257 (3d Cir. April 2, 2015) (NOT PRECEDENTIAL)
Ruling: 
Grant of summary judgment in favor of defendant is affirmed. Under New Jersey's Uniform Fraudulent Transfer Act (UFTA), trustee must demonstrate that debtor did not receive "reasonably equivalent value" for its payments to the defendant. Defendant had shown, ...
Judge(s): 
Barry (author); Rendell; Fuentes
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Official Committee of Unsecured Creditors v. Baldwin

Citation: 
Official Comm. of Unsecured Creditors v. Baldwin (In re Lemington Home for the Aged), Case No. 13-2707 (3d Cir. Feb. 23, 2015)
Ruling: 
Petition for rehearing by the merits panel and the Third Circuit Court of Appeals, en banc, is denied. In a separate opinion concurring in the denial of the petition for rehearing, four Circuit Judges (Jordan, joined by Rendell, Ambro ...
Judge(s): 
McKee, Chief Judge; Rendell; Ambro; Fuentes; Smith; Fisher; Chagares; Jordan; Hardiman; Greenaway, Jr.; Vanaskie; Shwartz and Krause; Jordan (concurring, joined by Rendell, Ambro and Krause)
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SCH Corp. v. CFI Class Action Claimants

Citation: 
In re SCH Corp., No. 14-2888, 2015 WL 756552 (3d Cir. Feb. 24, 2015)
Ruling: 
The Third Circuit ruled that a purported settlement negotiated by the Responsible Officer with the plan funder, which added three years to a five-year plan (effectively making it an eight-year plan), was not a Rule 9019 settlement but a plan ...
Judge(s): 
This case was heard before Circuit Judges Cowen, Vanaskie, and Greenberg. The Opinion was authored by Judge Cowen. It was noted that this is not an opinion of the full court and pursuant to I.O.P. 5.7, does not constitute binding precedent.
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Official Committee of Unsecured Creditors v. Baldwin

Citation: 
Official Committee of Unsecured Creditors v. Baldwin (In re Lemington Home for the Aged), Case No. 13-2707, 2015 WL 305505 (3d Cir. Jan. 26, 2015) (precedential)
Ruling: 
Affirming the jury's liability verdict and findings that defendants breached their fiduciary duties by failing to exercise reasonable diligence and prudence in their oversight and management of the debtor. Affirming the jury's punitive damages award against the debtor's two ...
Judge(s): 
Vanaskie, Circuit Judge
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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)
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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
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