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In re ICP Strategic Income Fund, Ltd.

Summarizing by Hale Yazicioglu

Gonzalez v. Owens Corning

Citation:
No. 16-2653 (3rd Circuit, Mar 19,2018) Published
Case Status:
Affirmed
Ruling:
The Frenville standard requires a court to look to the underlying state limitations law to determine when a claim arises. Where the proffered "common issue" depends upon the (different) limitations...
Judge(s):
CHAGARES, JORDAN, and HARDIMAN
Tag(s):

Philadelphia Entertainment & Development Partners, LP v. Commonwealth of Pennsylvania Department of Revenue

Citation:
No. 17-1954 (3rd Circuit, Jan 11,2018) Published
Case Status:
Reversed and Remanded
Ruling:
In this precedential opinion, the Third Circuit Court of Appeals reversed and remanded the case back to the district court for further proceedings. The Third Circuit found, among other things, that...
Judge(s):
Chagares, Restrepo, and Greenberg, Circuit Judges
Tag(s):

Crystallex International Corp. v. Petroleos De Venezuela, S.A.

Citation:
Nos. 16-4012 & 17-1439, U.S. Court of Appeals for the Third Circuit (3rd Circuit, Jan 03,2018) Published
Case Status:
Reversed
Ruling:
A transfer by a non-debtor entity cannot be a “fraudulent transfer” under the Delaware Uniform Fraudulent Transfer Act (“DUFTA”).
Judge(s):
Vanaskie, Rendell and Fuentess
Tag(s):

J & V DEVELOPERS, INC. v. DEBORAH R. MALLOY (In re Malloy), No. 17-1015 (3d Cir. Dec. 26, 2017) (unpublished).

Citation:
In re Malloy, No. 17-1015 (3d Cir. Dec. 26, 2017) (unpublished). (3rd Circuit, Dec 26,2017) Not Published
Case Status:
Reversed and Remanded
Ruling:
3rd Circuit Court of Appeals vacated the District Court’s summary dismissal of Debtor’s pro se appeal, and remanded the case back to the District Court for it to articulate and explain the...
Judge(s):
Greenaway, Jr., Vanaskie, Roth
Tag(s):

Schepis v. Burtch (In re Pursuit Capital Management, LLC)

Citation:
No. 16-3953 (Pursuit Capital Mgmt. Fund I, L.P. v. Burtch (In re Pursuit Capital Mgmt., LLC), 2017 U.S. App. LEXIS 20889) (3rd Circuit, Oct 24,2017) Published
Case Status:
Affirmed
Ruling:
In this precedential ruling, the Third Circuit ruled that Section 363(m) moots a challenge to a trustee's sale of avoidance actions because the appellant did not obtain a stay pending appeal and a...
Judge(s):
JORDAN, KRAUSE, Circuit Judges and RICHARD G. STEARNS, District Judge sitting by designation
Tag(s):

IN RE: OPUS EAST LLC, ET AL.

Citation:
No. 16-2202 (3rd Circuit, Sep 28,2017) Not Published
Case Status:
Affirmed
Ruling:
The Third Circuit Court of Appeals affirmed the district court's (D. Del.) opinion affirming the bankruptcy court's decision 1) that the debtor was solvent when it transferred certain assets...
Judge(s):
Chagares, Restrepo, and Roth
Tag(s):

Phoenician Mediterranean Villa, LLC v. Swope (In re J&S Properties)

Citation:
16-3366 (3rd Circuit, Sep 28,2017) Published
Case Status:
Affirmed
Ruling:
As trustees are government officials, the doctrine of "qualified immunity" applies to discretionary actions taken by a trustee to preserve the estate's assets. "Qualified immunity" shields...
Judge(s):
Hardiman, Roth, Fisher
Tag(s):

Weinberg v. Scott E. Kaplan, LLC

Citation:
16-4145 (3rd Circuit, Aug 21,2017) Not Published
Case Status:
Affirmed
Ruling:
Third Circuit affirmed the dismissal by the District Court of a malpractice lawsuit brought by plaintiffs against their former chapter 11 bankruptcy attorney, on grounds that the lawsuit was barred...
Judge(s):
Greenaway, R., Shwartz, and Rendell
Tag(s):

In re AE Liquidation, Inc., et al.

Citation:
16-2203 (3rd Circuit, Aug 04,2017) Published
Case Status:
Affirmed
Ruling:
Affirms entry of summary judgment in favor of debtor/company in WARN Act class action suit & adopts 5th Circuit ruling in Halkias v. Gen'l Dynamics Corp. that mass layoffs must be probable, not...
Judge(s):
Krause (author), Fisher, Greenberg
Tag(s):

Arrow Oil & Gas, Inc. v. J. Aron & Company (In re Semcrude L.P.)

Citation:
15-3094, 15-3095, 15-3096, 15-3097, 15-3121, 15-3123, 15-3124, (3rd Circuit, Jul 19,2017) Published
Case Status:
Affirmed
Ruling:
Oil producers failed to perfect their security interests in extracted oil under state law and/or the downstream purchasers of that oil acquired the oil free and clear of any security interests as...
Judge(s):
Ambro, Jordan and Fisher
Tag(s):

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