MARGUERITE POTTER and KEVIN POTTER

• Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
• 6 months 1 week ago

Citation:

23-2625 (3rd Circuit, Jun 26,2024) Published

Case Status:

Affirmed

Ruling:

In this non-precedential ruling, the Third Circuit affirmed the decisions of the District and Bankruptcy Courts annulling the automatic stay and dismissing the pro se debtors’ civil action...

Judge(s):

JORDAN, PHILLPS and NYGAARD, Circuit Judges

Tag(s):

• 3rd Circuit
• Bankruptcy Process and Procedure
• Automatic Stay
• Fraudulent Transfers
• Practice and Procedure
• Venue/Jurisdiction
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Real Estate
• 11 U.S.C. 362(k); 28 U.S.C. 157(a)

WILLIAM F. KAETZ V. ECMC; EXPERIAN; TRANSUNION; EQUIFAX

• Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
• 6 months 3 weeks ago

Citation:

No. 23-2897 (3rd Circuit, Jun 18,2024) Not Published

Case Status:

Affirmed

Ruling:

In this non-precedential per curiuam opinion, the Third Circuit affirmed the decision of the District Court dismissing the pro se debtor, William Kaetz's, complaint against a student loan servicer...

Judge(s):

JORDAN, RESTREPO, and FREEMAN, Circuit Judges

Tag(s):

• 3rd Circuit
• Bankruptcy Process and Procedure
• Automatic Stay
• Personal Bankruptcy Topics
• Consumer Debt
• Discharge/Dischargeability
• 11 U.S.C. § 523(a)(8)

In re: RONALD WILLIAM KIPPS

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 7 months 1 day ago

Citation:

23-2307 & 23-2308 (3rd Circuit, May 07,2024) Not Published

Case Status:

Affirmed

Ruling:

As had the U.S. District Court for the Middle District of Pennsylvania (DC), the U.S. Court of Appeals for the Third Circuit (Circuit) affirmed orders issued by the U.S. Bankruptcy Court for the...

Judge(s):

David J. Porter; Tamika Montgomery-Reeves; and Jane Richards Roth

Tag(s):

• 3rd Circuit
• Bankruptcy Process and Procedure
• Automatic Stay
• Bankruptcy Litigation
• Claims
• Plan Confirmation
• Practice and Procedure
• Personal Bankruptcy Topics
• Consumer Debt
• Family/Divorce Issues
• 11 U.S.C. § 362(a)(1); 11 U.S.C. § 362(b)(2)(A)(iv); 11 U.S.C. § 501; 11 U.S.C. § 502; 11 U.S.C. § 1322(d)(2)

In re: WITCHEY ENTERPRISES, INC.

• Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
• 7 months 6 days ago

Citation:

No. 23-1883 (3rd Circuit, Jun 04,2024) Not Published

Case Status:

Affirmed

Ruling:

The U.S. Court of Appeals for the Third Circuit affirmed a district court's determination that a bankruptcy court did not abuse its discretion in denying fees to a chapter 11 debtor's counsel based...

Judge(s):

KRAUSE, CHUNG, RENDELL

Tag(s):

• 3rd Circuit
• Administrative Expense Claims
• Ethics
• Practice and Procedure
• Professional Compensation/Fees
• Fed. R. Bankr. P. 2014; Fed. R. Bankr. P. 9014(d)
• 11 U.S.C. § 327(a); 11 U.S.C. § 372(a); 11 U.S.C. § 328(c); 11 U.S.C. § 1109(b)

IN RE: TIFFANY D. SMITH

• Summarized by Bradley Pearce , Pearce Law PLLC
• 7 months 2 weeks ago

Citation:

22-3418 (3rd Circuit, May 22,2024) Published

Case Status:

Affirmed

Ruling:

Res judicata applies to a chapter 13 plan that is later properly modified so that creditors cannot appeal previously determined matters that were not altered by the modified plan. Thus, res...

Judge(s):

JORDAN, BIBAS, and PORTER

Tag(s):

• 3rd Circuit
• Bankruptcy Process and Procedure
• Plan Confirmation
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Consumer Debt
• Mortgage
• 1327(a)
• 1329(a). 1329(d)

IN RE: ZOHAR III CORP., et al.

• Summarized by David Banker , Womble Bond Dickinson
• 8 months 1 week ago

Citation:

23-2549 (3rd Circuit, Apr 23,2024) Not Published

Case Status:

Affirmed

Ruling:

OPINION NOT PRECEDENTIAL - Administrative expense claim struck because mediation communications in support of the administrative expense claim were not admissible. The parties had not waived the...

Judge(s):

CHAGARES, Chief Judge, PORTER and SCIRICA, Circuit Judges

Tag(s):

• 3rd Circuit
• Bankruptcy Process and Procedure
• Administrative Expense Claims
• Bankruptcy Litigation
• Claims
• Practice and Procedure

In re MALLINCKRODT PLC,

• Summarized by Michael Myers , Ballard Spahr LLP
• 8 months 2 weeks ago

Citation:

23-1111 (3rd Circuit, Apr 25,2024) Published

Case Status:

Affirmed

Ruling:

The Third Circuit upheld the lower courts' rulings that creditor's claim for royalties was discharged in Mallinckrodt's bankruptcy.

Judge(s):

BIBAS, PORTER, and FREEMAN

Tag(s):

• 3rd Circuit
• Bankruptcy Process and Procedure
• Plan Confirmation
• Professional Practice Areas
• Business Reorganization
• 11 USC 1141

In re: SC SJ HOLDINGS, LLC; FMT SJ, LLC

• Summarized by Michael Myers , Ballard Spahr LLP
• 9 months 2 weeks ago

Citation:

23-1731 (3rd Circuit, Mar 28,2024) Not Published

Case Status:

Affirmed

Ruling:

The Third Circuit Court of Appeals affirmed the District Court and Bankruptcy Court holdings that the chapter 11 debtors' motion to bring malpractice claims against their bankruptcy counsel was...

Judge(s):

SHWARTZ, RENDELL, and AMBRO

Tag(s):

• 3rd Circuit
• Bankruptcy Process and Procedure
• Plan Confirmation
• Practice and Procedure
• Professional Practice Areas
• Business Reorganization
• Federal Rule of Bankruptcy Procedure 9024
• 11 USC 1127; 11 USC 1144

IN RE: JEFFREY J. PROSSER

• Summarized by Bradley Pearce , Pearce Law PLLC
• 9 months 2 weeks ago

Citation:

22-3456 (3rd Circuit, Mar 22,2024) Not Published

Case Status:

Affirmed

Ruling:

Defendants forfeited their right to challenge the authority of a bankruptcy judge who was transferred to sit in the Bankruptcy Division of the United States District Court for the Virgin Islands by...

Judge(s):

HARDIMAN, KRAUSE, RENDELL, Circuit Judges

Tag(s):

• 3rd Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Venue/Jurisdiction

In re: RGN-GROUP HOLDINGS, LLC, et al.,

• Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
• 9 months 3 weeks ago

Citation:

22-3019 & 22-3020 (3rd Circuit, Mar 14,2024) Not Published

Case Status:

Reversed and Remanded

Ruling:

In a non-precedential opinion, the Third Circuit held that, under Texas law, a landlord and tenant-assignee cannot amend a lease to increase the tenant-assignor’s liability under the lease unless...

Judge(s):

JORDAN, ROTH and AMBRO, Circuit Judges

Tag(s):

• 3rd Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Executory Contracts/Leases
• Professional Practice Areas
• Real Estate
• 11 U.S.C. § 502(b)(6)

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