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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 any ruling on whether similar claims filed by a debtor would ...
Judge(s): 
Ambro, Jordan, and Scirica
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Rajala v. Gardner

Citation: 
Rajala v. Garnder, et al., Case No. 14-3241 (10th Cir. August 31, 2016). Unpublished
Ruling: 
The scope of § 541 is broad and should be generously construed, and that an interest may be property of the estate even if it is novel or contingent and every conceivable interest of the debtor, future, nonpossessory, contingent, speculative, ...
Judge(s): 
Gorsuch, Ebel, Bacharach
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Bash v. Textron Financial Corp., (In re Fair Finance Co.)

Citation: 
2016 WL 4437606 (6th Cir. 2016)
Ruling: 
District Court erred in dismissing Trustee's Complaint to recover alleged fraudulent transfers and civil conspiracy charges. Case remanded for further proceedings.
Judge(s): 
Moore, Gibbons and Davis (Senior Circuit Judge from Fourth Circuit Court of Appeals)
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In the Matter of Ferguson

Citation: 
In re Ferguson, No. 15-3093 (7th Cir. August 23, 2016) (unpublished)
Ruling: 
In the bankruptcy context, an appeal lacks jurisdiction when a case is remanded deciding only an issue without resolving the underlying dispute, because such decision is not final.
Judge(s): 
Shadid, Easterbrook, Rovner, and Hamilton.
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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. The United States Court of Appeals for the Third Circuit ...
Judge(s): 
AMBRO, JORDAN and SCIRICA, Circuit Judges
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