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Ricky Sharpton v. Susan Manchester, Chapter 7 Tr

Summarizing by Lars Fuller

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):

In re Somerset Regional Water Resources LLC

Citation:
19-1874 (3rd Circuit, Feb 11,2020) Published
Case Status:
Affirmed
Ruling:
Where the sole owner of a bankruptcy company pledged his "2015 Federal tax refund" as collateral for a debtor-in-possession loan in a Chapter 11 case, the Third Circuit affirmed the bankruptcy...
Judge(s):
AMBRO, KRAUSE, and BIBAS
Tag(s):

Wells Fargo v. Bear Stearns Co Inc

Citation:
18-2887 (3rd Circuit, Dec 24,2019) Published
Case Status:
Affirmed
Ruling:
(1) A Bankruptcy Court's determination of good faith regarding an obligatory post-default valuation of collateral receives mixed review on appeal. Factual findings are reviewed for clear error...
Judge(s):
Smith, McKee and Phipps
Tag(s):

In re Millennium Lab Holdings LLC

Citation:
No. 18-3210 (Precedential) (3rd Circuit, Dec 19,2019) Published
Case Status:
Affirmed
Ruling:
The Third Circuit held the Bankruptcy Court had constitutional authority to confirm a reorganization plan containing third party releases of RICO/fraud claims by a lender against the debtor's...
Judge(s):
CHAGARES, JORDAN, and RESTREPO
Tag(s):

LL Painting Co., Inc. v. Odyessy Contracting Corp

Citation:
UNITED STATES COURT OF APPEALS Case Nos. 19-1150 & 19-1151 (3rd Circuit, Dec 12,2019) Published
Case Status:
Affirmed
Ruling:
The debtor waived its right to appeal the Bankruptcy Court's decision by entering into a stipulation that was silent as to appeals and provided that if the Bankruptcy Court determined that debtor...
Judge(s):
Ambro, Circuit Judge
Tag(s):

In re Joy Denby Peterson

Citation:
18-3562 (3rd Circuit, Oct 28,2019) Published
Case Status:
Affirmed
Ruling:
A secured creditor's refusal to return collateral repossessed pre-petition immediately upon notice of the debtor's bankruptcy filing does not constitute a violation of the automatic stay because...
Judge(s):
McKee, Shwartz, and Fuentes
Tag(s):

In re Health Care Real Estate Partners

Citation:
18-3267 (3rd Circuit, Oct 22,2019) Published
Case Status:
Reversed and Remanded
Ruling:
A bankruptcy court does not have authority to prohibit a debtor from bringing a claim for damages under 11 U.S.C. § 362(k). Section 362(k) creates a private cause of action.
Judge(s):
CHAGARES, GREENAWAY, JR., and GREENBERG
Tag(s):

Hackler & Stelzle-Hackler v. Arianna Holdings Company, LLC (In re Hackler & Stelzle-Hacker)

Citation:
18-1650 (3rd Circuit, Sep 12,2019) Published
Case Status:
Affirmed
Ruling:
Affirmed district court and bankruptcy court ruling voiding a transfer of real estate title conducted via the New Jersey tax foreclosure proceedings as preferential under 11 U.S.C 547(b). The Court...
Judge(s):
McKee, Porter and Roth
Tag(s):

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