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):

IN RE: SMITH

Citation:
No. 18-3000 (3rd Circuit, Dec 17,2018) Not Published
Case Status:
Affirmed
Ruling:
The Third Circuit Court of Appeals affirmed the conversion of Debtor's Chapter 13 case to a Chapter 7 case. The Debtor debts exceeded the amounts set forth in 11 U.S.C. § 109(e). The Debtor did...
Judge(s):
AMBRO, KRAUSE and PORTER
Tag(s):

IN RE: TH PROPERTIES

Citation:
No. 17-1922 (3rd Circuit, Nov 28,2018) Not Published
Case Status:
Reversed and Remanded
Ruling:
The Third Circuit Court of Appeals vacated the district court’s order and remanded for further consideration, finding, in part, that the bankruptcy court and district court erred when they found...
Judge(s):
Ambro, Restrepo, and Fuentes, Circuit Judges
Tag(s):

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