Petro v. Lindquist Consulting Inc.

Citation:
No. 22-3051 (3rd Circuit, Feb 07,2024) Not Published
Case Status:
Affirmed
Ruling:
The U.S. Court of Appeals for the Third Circuit affirmed a district court's order dismissing Appellant's Fair Debt Collection Practices Act claim against a debt collector Appellee acting on behalf...
Judge(s):
RESTREPO, SCIRICA, and SMITH
Tag(s):

GARY BERNHARD v KULL, et. al.; In re Gary Bernhard

Citation:
No. 23-1358 (3rd Circuit, Feb 01,2024) Not Published
Case Status:
Affirmed
Ruling:
Because the Debtor's own actions and statements to his creditor obscured the applicability of the discharge order from his prior bankruptcy - which did not list or disclose the debtor's debt owed...
Judge(s):
JORDAN, ROTH., and AMBRO, Circuit Judges
Tag(s):

VERTIV, INC.; VERTIV CAPITAL, INC.; and GNARITIS, INC. v WAYNE BURT PTE, LTD., and TGS MAHESH

Citation:
22-3305 (3rd Circuit, Feb 01,2024) Published
Case Status:
Reversed and Remanded
Ruling:
The Court clarifies standards a court must apply when deciding civil action abstention motions in deference to a pending foreign bankruptcy proceeding. First, the court must find the civil action...
Judge(s):
CHAGARES, HARDIMAN and FREEMAN
Tag(s):

In re: FTX TRADING LTD., et al.

Citation:
23-2297 (3rd Circuit, Jan 19,2024) Published
Case Status:
Reversed and Remanded
Ruling:
If a chapter 11's debtor's debts exceed $5 million and the bankruptcy court has not appointed a trustee for the debtor, the bankruptcy court must appoint an examiner if the United States trustee or...
Judge(s):
RESTREPO, BIBAS and SCIRICA, Circuit Judges
Tag(s):

In re: Louis N. Delloso

Citation:
No. 22-2532 (3rd Circuit, Jul 10,2023) Published
Case Status:
Affirmed
Ruling:
The U.S. Court of Appeals for the Third Circuit affirmed a bankruptcy court's order denying a creditor's motion to reopen a chapter 7 case five years after closure. The deadlines for the creditor...
Judge(s):
KRAUSE, BIBAS and RENDELL
Tag(s):

In re: LTL MANAGEMENT, LLC

Citation:
22-2003, 22-2004, 22-2005, 22-2006, 22-2007, 22-2008, 22-2009, 22-2010, 22-2011 (3rd Circuit, Jan 30,2023) Published
Case Status:
Reversed and Remanded
Ruling:
The bankruptcy case must be dismissed because the debtor is not in imminent financial distress. In determining whether a case was filed in good faith, bankruptcy courts can look at the financial...
Judge(s):
AMBRO, RESTREPO, and FUENTES
Tag(s):

In re Maxus Energy Corporation

Citation:
21-2496 (3rd Circuit, Sep 09,2022) Published
Case Status:
Affirmed
Ruling:
Attorney moved from a law firm representing one party in a bankruptcy dispute to the firm representing the opposing party. The ABA's Model Rules of Professional Conduct impute the attorney's...
Judge(s):
Greenaway, Jr; Porter; and Phipps. Circuit Judges
Tag(s):

In re: ESSAR STEEL MINNESOTA, LLC; ESML HOLDINGS, INC.

Citation:
3rd Cir. No. 20-3002 (3rd Circuit, Aug 25,2022) Published
Case Status:
Reversed and Remanded
Ruling:
The Third Circuit Court of Appeals reversed the bankruptcy court's decision (certified directly from the U.S. District Court) that the bankruptcy court did not have jurisdiction over the debtor's...
Judge(s):
AMBRO, KRAUSE, and BIBAS
Tag(s):

In re Bestwall

Citation:
21-2263 (3rd Circuit, Aug 24,2022) Published
Case Status:
Reversed and Remanded
Ruling:
Agreeing with Bestwall LLC (DR), a chapter 11 debtor in the U.S. Bankruptcy Court for the Western District of North Carolina (BC), that it had rightly invoked collateral estoppel, the U.S. Court of...
Judge(s):
Kent A. Jordan; Cheryl A. Krause; and David J. Porter
Tag(s):

In re: FIBER-SPAN, INC

Citation:
21-1712, 21-1713 & 21-1806 (3rd Circuit, Jul 05,2022) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The U.S. Court of Appeals for the Third Circuit (Circuit) reached a third set of conclusions, deeming the decision of Transit Wireless LLC (Transit) to use the remote fiber nodes (Nodes) that it...
Judge(s):
Kent A. Jordan; L. Felipe Restrepo; and David J. Porter
Tag(s):

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