Affirmed District and Bankruptcy Court determinations that the method for determining creditors’ claims for distributions from the Bernard L. Madoff Investment Securities, LLC was the ...
Judge(s):
Rosemary S. Pooler, Peter W. Hall, Susan L. Carney
a.) Claims derived through a debtor are estate property which only a trustee can assert; b.) District Court order on a contempt motion which enforced existing injunction but made no contempt...
No. 15-2164 (3d Cir. July 18, 2016) (Not Precedential)
Ruling:
District Court order affirmed. Governmental entity may not repackage its monetary claim as a claim for injunctive relief in order to avoid being bound by a confirmed plan. Distinguishes In re...
United States Court of Appeals for the First Circuit, No. 14-1281, February 11, 2015
Ruling:
Affirming the ruling of the district court, the First Circuit determined that the plain language of a confirmed chapter 11 Plan, which created a litigation trust to which individual asbestos claims...
Summarized by Bonnie Clair , U.S. Bankruptcy Court, Eastern District of Missouri
11 years 10 months ago
Citation:
C.P. Hall Co. v. Columbia Cas. Co., No. 13-1306, 2014 WL 1628119 (7th Cir. Apr. 24, 2014).
Ruling:
The Court held that an excess liability insurer lacked standing to object to a settlement between a debtor and one of its primary insurance coverage providers. The Court followed its precedent to...
Summarized by Weston Eguchi , Willkie Farr & Gallagher LLP
12 years 6 months ago
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...
Tex R Civ P 11 requires agreements between parties to be reduced to writing or have been placed on the record of the court. Absent compliance with Rule 11 or qualifying as an exception under...
In re W.R. Grace & Co., Case No. 12-2807 (3d Cir. July 24, 2013) (unpublished)
Ruling:
Co-defendant in asbestos-related litigation lacked standing to object to confirmation of Chapter 11 plan because objector failed to show a specific, identifiable injury that would result from plan...
Judge(s):
Ambro, Fisher and Jordan, Circuit Judges. [Written by Jordan]
Although a district court, at its discretion, may review interlocutory judgments and orders of a bankruptcy court pursuant to 28 U.S.C. 158(a), a court of appeals only has jurisdiction over final...
Judge(s):
BARKETT, JORDAN, and HALL (District Judge, sitting by designation)
In re American Capital Equipment, LLC, Case No. 10-2239 (3d Cir. July 25, 2012).
Ruling:
Time of Confirmability Determination
Bankruptcy judges can determine a Chapter 11 plan is unconfirmable without first holding a confirmation hearing where: (1) the plan is "patenty unconfirmable,...
