3rd Circuit

In re Rodriguez

Summarized by Thomas Horan, Womble Carlyle Sandridge & Rice, LLP 3 weeks 2 days ago
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Citation: 
In re Rodriguez, No. 12-2146 (3d Cir. April 22, 2013) (not precedential)
Ruling: 
Because a chapter 13 plan confirmation order may be revoked only if such order was procured by fraud, the absence of such fraud prevents the court from reconsidering the plan confirmation order under Rule 60(b) of the Federal Rules of ...
Judge(s): 
Jordan, Aldisert, and Nygaard, Circuit Judges.
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In re Alabama Aircraft Industries, Inc.

Summarized by John Eggum, Foran Glennon Palandech Ponzi & Rudloff 10 weeks 2 days ago
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Citation: 
No. 12-1290
Ruling: 
Transfer of a cause of action to a Litigation Trust - in accordance with the terms of an Asset Purchase Agreement - can be insulated from attack on appeal pursuant to Section 363(m). That section provides that “[t]he reversal ...
Judge(s): 
McKee, Sloviter, and Vanaskie
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Sherzer v. Homestar Mortgage Services

Summarized by Manuel Arreaza, U.S. Bankruptcy Court, District of Delaware 13 weeks 3 days ago
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Citation: 
Sherzer v. Homestar Mortgage Services, No. 11-4254 (3d Cir. Feb. 5, 2013)
Ruling: 
In precedential decision, the Third Circuit held that an obligor may exercise her right to rescind a loan subject to TILA by notifying the creditor in writing within the three-year statutory period, reasoning that the plain language of TILA § ...
Judge(s): 
Sloviter, Rendell and Hardiman, Circuit Judges
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In re Mondelli

Summarized by Ferve Ozturk, Baker & Hostetler LLP 19 weeks 6 days ago
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Citation: 
Case No. 11-3029, 2012 WL 6685476 (3d Cir. Dec. 26, 2012)
Ruling: 
1. The district court did not err in concluding that the appeals of bankruptcy court orders were untimely. Orders re-converting case into chapter 13 proceeding were final when chapter 13 case was confirmed, and orders granting compensation were ...
Judge(s): 
J. Rendell, J. Fuentes, J. Chagares
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In re Spansion, Inc.

Summarized by Eduardo Glas, McCarter & English, LLP 20 weeks 4 days ago
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Citation: 
In re Spansion, Inc. et al, Case Nos. 11-3323 & 11-3324 (3rd Cir. 2012, decided 12/21/2012)
Ruling: 
Agreement that settled litigation between Spansion (the "Debtor") and Apple at the International Trade Commision pursuant to which the Debtor agreed not to sue Apple in the future over the use of flash memory products was a license, and its ...
Judge(s): 
Scirica, Fisher and Jordan
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In re Michael

Summarized by Michael Nestor, Young Conaway Stargatt & Taylor, LLP 28 weeks 4 hours ago
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Citation: 
In re Michael, No. 11-1992 (3d Cir. Oct. 26, 2012)
Ruling: 
The Third Circuit Court of Appeals held that if, upon conversion of a Chapter 13 case to a case under Chapter 7, the Chapter 13 trustee is holding funds acquired post-petition by the debtor for eventual distribution to creditors under ...
Judge(s): 
Sloviter, Ambro and Roth
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Olick v. Kearney (In re Olick)

Summarized by George Utlik, Arent Fox LLP 33 weeks 3 days ago
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Citation: 
Olick v. Kearney (In re Olick), No. 12-1147, 2012 WL 4239423 (3d Cir. Sept. 21, 2012) (not precedential)
Ruling: 
AFFIRMING three decisions from the United States Bankruptcy Court for the Eastern District of Pennsylvania, the Court of Appeals for the Third Circuit held that: (1) plaintiff-appellant waived his objections to the summary judgment order and oral opinion rendered from the ...
Judge(s): 
Jordan, Hardiman and Aldisert, Third Circuit Judges
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Glover v. FDIC

Summarized by Jamie Edmonson, Venable LLP 36 weeks 11 hours ago
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Citation: 
__ F.3d __, 2012 WL 3834666, C.A. 3 (Sept. 5, 2012)
Ruling: 
Affirm ruling of the district court dismissing appellant's claims under the Fair Debt Collection Practices Act ("FDCPA") and Pennsylvania's Fair Credit Extension Uniformity Act ("FCEUA").
Judge(s): 
FISHER and GREENBERG (Circuit Judges), and OLIVER (District Judge, sitting by designation).
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In re Tropicana Entertainment LLC

Summarized by Craig J. Springer, Cross & Simon, LLC 36 weeks 3 days ago
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Citation: 
In re Tropicana Entertainment LLC, et al, --- F.3d ---, 2012 WL 3776531, No. 10-3970 (3d Cir. Aug. 31, 2012)
Ruling: 
The Third Circuit Court of Appeals held that an ad hoc noteholder committee’s (the “Noteholder Committee”) fees were not entitled to administrative priority pursuant to 11 U.SC. § 503(b)(3)(D) even though the Debtors had stipulated that the Noteholder Committee fees ...
Judge(s): 
Ambro, Chagares and Aldisert
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In re Dahlgren

Summarized by Emil Khatchatourian, United States Bankruptcy Court for the Eastern District of California 37 weeks 5 days ago
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Citation: 
No. 11-2794 (3d Cir. Aug. 23, 2012) (NOT PRECEDENTIAL)
Ruling: 
AFFIRMING the District Court, the Third Circuit held that Debtor's plan, as submitted by his counsel, would have voided the state court's sale order issued prior to the bankruptcy filing. Without deciding whether the Rooker-Feldman doctrine actually applied, Debtor's ...
Judge(s): 
SMITH and FISHER, Circuit Judges
RAKOFF, District Judge (S.D.N.Y.), sitting by designation
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