The Volo Project is dedicated to providing ABI Members with the most timely bankruptcy decisions from the U.S. Courts of Appeal. A team of member volunteers provide a summary of each new opinion within 24 hours of their release. Each summary includes the full text of the opinion. Members can sign up for email alerts from their circuit, or the whole country! Not a member? Try Volo free for 30 days.

3rd Circuit

In re Trump Entertainment Resorts

Citation: 
In re Trump Entertainment Resorts, et al., Case No. 14-4807 (3d Cir. Jan. 15, 2016)
Ruling: 
The Third Circuit Court of Appeals affirmed the Delaware Bankruptcy Court's decision, 519 B.R. 76 (Bankr.D.Del. 2014), applying section 1113 of the Bankruptcy Code to allow the Debtors to reject a collective bargaining agreement (“CBA”) despite the expiration of the ...
Judge(s): 
Schwartz, Scirica and Roth
Read on...

Sikirica v. Wettach (In re Wettach)

Citation: 
Sikirica v. Wettach (In re Wettach), No. 14-3140, slip op. (3d Cir. Jan. 20, 2016)
Ruling: 
The district court's (W.D. Pa.) affirmance of the bankruptcy court's (Bankr. W.D. Pa.) decision is affirmed. According to the appellate review, the bankruptcy court correctly imposed on the Chapter 7 Trustee the burden of persuasion to show as constructively fraudulent ...
Judge(s): 
Benton, Sentelle, and Gilman, JJ. (The Honorable Duane Benton, Circuit Judge of the Eighth Circuit Court of Appeals, the Honorable David Bryan Sentelle, Senior Circuit Judge of the District of Columbia Court of Appeals, and the Honorable Ronald Lee Gilman, Senior Circuit Judge of the Sixth Circuit Court of Appeals, sitting by designation.)
Read on...

In re Revel AC, Inc., et al.

Citation: 
In re Revel AC, Inc., et al. (3d Cir. 15-1253, Sept. 30, 2015)
Ruling: 
Third Circuit reversed the District Court's denial of IDEA Boardwalk, LLC's ("IDEA") motion for stay pending appeal with respect to the portion of the Bankruptcy Court's sale order that allowed the debtor, Revel AC, Inc. ("Debtor") to sell its casino ...
Judge(s): 
Ambro, Schwartz and Krause
Read on...

In re Caribbean Petroleum Corp.

Citation: 
In re Caribbean Petroleum Corp., Case No. 13-2326 (3d Cir. May 6, 2014) [NOT PRECEDENTIAL]
Ruling: 
The Bankruptcy Court correctly applied § 502(e)(1)(B) in disallowing a claimant's contingent contribution claims against the debtors. Nothing in the text of § 502(e)(1)(B) suggests that the Bankruptcy Court is prohibited from disallowing claims in a post-confirmation context or ...
Judge(s): 
JORDAN, VANASKIE, and GREENBERG
Read on...

In re ICL Holding Company, Inc., et al

Citation: 
Case No. 14-2709 (3d Cir. Sept. 14, 2015)(PRECEDENTIAL)
Ruling: 
United States Trustee's appeal from orders approving sale and settlement were not constitutionally, statutorily or equitably moot. Constitutional mootness only applies where it is impossible to grant any effectual relief. Although prospect of recovery is remote, it is not ...
Judge(s): 
Ambro (author), Fuentes, Roth
Read on...

In re Tribune Media Company

Citation: 
In re Tribune Media Company, Case Nos. 14-3332 and 14-3333 (3d Cir. August 19, 2015)
Ruling: 
The Court determined that Aurelius’s appeal, which would undo a crucial component of the plan, the settlement of LBO related causes of action that were the economic underpinning of the plan upon which creditors had relied, was equitably moot. The ...
Judge(s): 
AMBRO, VANASKIE, and SHWARTZ, Circuit Judges
Read on...

Chavez v. Dole Food Co.

Citation: 
Chavez v. Dole Food Co., Case No. 13-4144 (3d Cir. Aug. 11, 2015)
Ruling: 
The United States Court of Appeals for the Third Circuit ruled that: (a) concurrent jurisdiction exists for purposes of the first-filed rule if “on the date of the filing of the second-filed complaint, the matters are duplicative;” (b) the ...
Judge(s): 
Judge Julio M. Fuentes (dissenting), Judge Joseph A. Greenaway, Jr., and Judge Richard Lowell Nygaard
Read on...

In re SemCrude L.P., et al.

Citation: 
In re SemCrude L.P., et al., No. 14-1204, -- F.3d -- (3d Cir. Aug. 5, 2015).
Ruling: 
SemCrude's former limited partners' claims against Thomas Kivisto, SemCrude's co-counder and former president and CEO, were derivative of the claims against the corporation previously asserted, settled and released by the SemCrude Litigation Trust. Because the limited partners had no ...
Judge(s): 
Fuentes, Fisher and Krause, C.J.
Read on...

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)
Read on...

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
Read on...
Syndicate content