IN RE: W.R. GRACE & CO, et al.,

Citation:
20-2171 (3rd Circuit, Sep 15,2021) Published
Case Status:
Reversed and Remanded
Ruling:
The bankruptcy court (BC), the Third Circuit (Panel) resolved, had misapplied the framework limned in a prior circuit opinion for analyzing the nature of the provided services of some insurers to...
Judge(s):
Julio M. Fuentes; Peter J. Phipps; and Cheryl A. Krause
Tag(s):

IN RE: STEVEN RICHARD ALECKNA; JAIME SUE ALECKNA

Citation:
No. 20-1309 (3rd Circuit, Sep 09,2021) Published
Case Status:
Affirmed
Ruling:
Addressing the effect of the 2005 amendment to 11 U.S.C. § 362, the Third Circuit's decision in In re University Medical Center, 973 F.2d 1065 (3d Cir. 1992), remains good law so that a creditor...
Judge(s):
GREENAWAY, JR., SHWARTZ, and FUENTES
Tag(s):

Timothy Ellis v. Westinghouse Electric CO, LLC.

Citation:
20-2867 (3rd Circuit, Aug 30,2021) Published
Case Status:
Reversed
Ruling:
The Third Circuit Court of Appeals, reversing the U.S. District Court, held that an individual creditor's post-confirmation, pre-effective date administrative expense claim was bound by the terms...
Judge(s):
AMBRO, GREENAWAY, JR., and BIBAS
Tag(s):

In re LTC Holdings, INC.

Citation:
20-3057 (3rd Circuit, Aug 18,2021) Published
Case Status:
Affirmed
Ruling:
In a case pitting a surety that had secured the completion of a project for the U.S. upon the default of the debtors (DRs) per a performance bond against the DRs' first lien creditor, the Third...
Judge(s):
D. Brooks Smith; Paul B. Matey; and D. Michael Fisher
Tag(s):

In re Venoco LLC

Citation:
Nos. 20-1061; 20-1062 and 20-1063 (3rd Circuit, May 24,2021) Published
Case Status:
Affirmed
Ruling:
The bankruptcy court had jurisdiction over the State of California and a California commission (the "California Parties") to determine whether the California Parties owed funds to the...
Judge(s):
AMBRO, PORTER, and ROTH
Tag(s):

In re Weinstein Company Holdings LLC

Citation:
20-1878 (3rd Circuit, May 21,2021) Published
Case Status:
Affirmed
Ruling:
The Third Circuit Court of Appeals affirmed the District Court and the Bankruptcy Court's decision that certain "Investment Agreements" were not "Purchased Assets" assigned to Spyglass Media Group,...
Judge(s):
AMBRO, KRAUSE, and PHIPPS
Tag(s):

In re Orexigen Therapeutics, Inc.

Citation:
20-1136 (3rd Circuit, Mar 19,2021) Published
Case Status:
Affirmed
Ruling:
"Mutuality," as that term is used in 553 of the Bankruptcy Code, is a distinct statutory requirement that cannot be expanded by contractual or state law concepts of setoff. "Mutuality" means only...
Judge(s):
Jordan, Krause, and Restrepo
Tag(s):

In re Tribune Company

Citation:
18-2909 (3rd Circuit, Aug 26,2020) Published
Case Status:
Affirmed
Ruling:
Section 1129(b)(1) of the Bankruptcy Code supplants strict enforcement of subordination agreements among creditors, and reduction of less than one percent in the recovery to a dissenting class did...
Judge(s):
Ambro, Krause, and Bibas
Tag(s):

In re S.S. Body Armor Inc.

Citation:
Nos. 19-2313, 19-2314, 19-2315 and 19-2316 (3rd Circuit, Jun 04,2020) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
First, the Court reversed the Bankruptcy Court's finding that appellant was entitled to a contingent fee award for objecting to a derivative action settlement and thereby improving the outcome, and...
Judge(s):
Circuit Judges Restrepo, Roth, and Fisher
Tag(s):

In re Energy Future Holdings Corp.

Citation:
19-1430 (3rd Circuit, Mar 18,2020) Published
Case Status:
Affirmed
Ruling:
The Third Circuit affirmed the Bankruptcy Court's ruling confirming Debtors' plan that did not include a 524(g) trust for latent asbestos claims, holding that applying Rule 3003(c)(3) complies with...
Judge(s):
KRAUSE and MATEY (Circuit Judges) and ALEJANDRO (District Judge sitting by designation)
Tag(s):

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