3rd Circuit

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In re Bishop, No. 13-3805 (3d Cir. Mar. 21, 2014) (unpublished) (per curiam)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
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In re Ruitenberg

Citation: 
In re Ruitenberg, Case No. 13-2175 (3d Cir. March 13, 2014)
Ruling: 
Deciding when an interest in the equitable distribution of marital assets in a divorce proceeding becomes a claim against the bankruptcy estate begins with the Bankruptcy Code's definition of a “claim.” A "claim" is, in relevant part, a “right to ...
Judge(s): 
Ambro, Smith and Sandra Day O'Connor (Retired Supreme Court Associates Justice sitting by designation)
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In re ID Liquidation One, LLC, et al.

Citation: 
Case No. 13-3386 (3rd Cir. Feb. 19, 2014)
Ruling: 
Third Circuit affirmed order entered by the district court affirming the Bankruptcy Court's order approving a settlement under Fed.R.Bankr. P. 9019
Judge(s): 
McKee, Chagares and Shwartz
Not worthy of a summary? Why?: 
No new ground is covered by this opinion.
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Benta, et al. v. Carroll

Citation: 
Case No. 13-2139 (3d Cir. Jan. 16, 2014) (Not Precedential)
Ruling: 
Appeal alleging district court abused its discretion when dismissing declaratory judgment action is moot where district court effectively ruled on the merits by denying appellants' subsequent motion to withdraw the reference.
Judge(s): 
Fisher, Cowen (author), Nygaard
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Bayer Business and Technology Services v. AGR Permier Consulting, Inc.

Citation: 
Bayer Bus. & Tech. Servs. V. AGR Premier Consulting, Inc. (In re AGR Premier Consulting, Inc.), No. 12-4622 (3d Cir. Jan. 4, 2014)
Ruling: 
The Third Circuit reversed the decisions of the district court and the bankruptcy court, holding that the bankruptcy court abused its discretion in finding the appellant in contempt for violating a stipulated order.
Judge(s): 
Rendell, Jordan and Lipez, Circuit Judges
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In re D. Erik von Kiel

Citation: 
In re D. Erik von Kiel, No. 13-1925 (3d Cir. December 24, 2013)
Ruling: 
Dr. von Kiel concealed property belonging to and/or controlled by him within one year before the date of his chapter 7 petition and discharge of his debts was denied.
Judge(s): 
RENDELL, GREENAWAY, JR., and ALDISERT, Circuit Judges
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Friedman's Liquidating Trust v. Roth Staffing Companies LP

Citation: 
No. 13-1712 (3rd Cir. Oct. 17, 2013)
Ruling: 
- Debtor’s post-petition payment pursuant to a first-day wage order does not affect the calculation of preference liability and the new value defense. - Statutory language is not clear but statutory context suggests that the petition date is the cutoff for ...
Judge(s): 
Rendell, Jordan, Lipez
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In re Nortel Networks Inc., et al.

Citation: 
Joint Administrators for Nortel Networs, No. 13-2739
Ruling: 
The U.S. Court of Appeals for the Third Circuit in Philadelphia upheld bankruptcy court ruling that there was never an agreement to use arbitration to divide estate assets.
Judge(s): 
FUENTES, GREENBERG, and BARRY
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In re KB Toys Inc, et al.

Citation: 
No. 13-1197, November 15, 2013, United States Court of Appeals for the Third Circuit
Ruling: 
A trade claim that is subject to disallowance under § 502(d) of the Bankruptcy Code in the hands of the original claimant is similarly disallowable in the hands of a subsequent transferee (such as a claims buyer). The language ...
Judge(s): 
Argued before Judges Chagares, Vanaskie and Shwartz. Opinion by Judge Shwartz
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In re W.R. Grace & Co., et al.

Citation: 
No. 12-1521/2904 (Sept. 4, 2013) (Precedential)
Ruling: 
Affirming the District Court's ruling, the Third Circuit Court of Appeals held: (a) Section 524(g) broadly encompasses all asbestos-related actions against the debtors, including claims for indemnification and contribution like those asserted by the Appellants; (b) Appellants' indemnification and ...
Judge(s): 
Ambro, Fisher and Jordan
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