Home » 3rd Circuit

In re Revel AC, Inc., et al.

  • Summarized by Edward Durnil , Tranzon Asset Advisors
  • 9 years 3 months ago
Citation:
In re Revel AC, Inc., et al. (3d Cir. 15-1253, Sept. 30, 2015)
Ruling:
Third Circuit reversed the District Court's denial of IDEA Boardwalk, LLC's ("IDEA") motion for stay pending appeal with respect to the portion of the Bankruptcy Court's sale order that allowed the...
Judge(s):
Ambro, Schwartz and Krause
Tag(s):

In re ICL Holding Company, Inc., et al

Citation:
Case No. 14-2709 (3d Cir. Sept. 14, 2015)(PRECEDENTIAL)
Ruling:
United States Trustee's appeal from orders approving sale and settlement were not constitutionally, statutorily or equitably moot. Constitutional mootness only applies where it is impossible to...
Judge(s):
Ambro (author), Fuentes, Roth
Tag(s):

In re Tribune Media Company

  • Summarized by Fred Ringel , Leech Tishman Robinson Brog PLLC
  • 9 years 4 months ago
Citation:
In re Tribune Media Company, Case Nos. 14-3332 and 14-3333 (3d Cir. August 19, 2015)
Ruling:
The Court determined that Aurelius’s appeal, which would undo a crucial component of the plan, the settlement of LBO related causes of action that were the economic underpinning of the plan upon...
Judge(s):
AMBRO, VANASKIE, and SHWARTZ, Circuit Judges
Tag(s):

Chavez v. Dole Food Co.

  • Summarized by Michael Nestor , Young Conaway Stargatt & Taylor, LLP
  • 9 years 5 months ago
Citation:
Chavez v. Dole Food Co., Case No. 13-4144 (3d Cir. Aug. 11, 2015)
Ruling:
The United States Court of Appeals for the Third Circuit ruled that: (a) concurrent jurisdiction exists for purposes of the first-filed rule if “on the date of the filing of the second-filed...
Judge(s):
Judge Julio M. Fuentes (dissenting), Judge Joseph A. Greenaway, Jr., and Judge Richard Lowell Nygaard
Tag(s):

In re SemCrude L.P., et al.

  • Summarized by Julia Klein , klein llc
  • 9 years 5 months ago
Citation:
In re SemCrude L.P., et al., No. 14-1204, -- F.3d -- (3d Cir. Aug. 5, 2015).
Ruling:
SemCrude's former limited partners' claims against Thomas Kivisto, SemCrude's co-counder and former president and CEO, were derivative of the claims against the corporation previously asserted,...
Judge(s):
Fuentes, Fisher and Krause, C.J.
Tag(s):

U.S. Securities and Exchange Commission v. Bocchino (In re Bocchino)

Citation:
Civil No. 14-4299 (3d Cir. July 23, 2015) (Precedential)
Ruling:
The scienter requirement of Section 523(a)(2)(A) may be satisfied by grossly reckless behavior. Proof of actual intent to defraud is not required.
Judge(s):
Chagares, Krause, and Van Antwerpen (author)
Tag(s):

In re One2One Communications, LLC

  • Summarized by Michael Nestor , Young Conaway Stargatt & Taylor, LLP
  • 9 years 5 months ago
Citation:
In re: One2One Commc’ns, LLC, Case No. 13-3410 (3d Cir. July 21, 2015)
Ruling:
The Third Circuit Court of Appeals ruled that the District Court abused its discretion in dismissing the appeal of a confirmed chapter 11 plan on grounds of equitable mootness.
Judge(s):
Chief Judge McKee; Judge Greenway, Jr.; and Judge Krause
Tag(s):

Official Committee of Unsecured Creditors v. CIT Group/Business Credit Inc. (In re Jevic Holding Corp.)

  • Summarized by Thomas Horan , U.S. Bankruptcy Court, District of Delaware
  • 9 years 7 months ago
Citation:
Official Committee of Unsecured Creditors v. CIT Group/Business Credit Inc. (In re Jevic Holding Corp.), No. 14-1465 (3d Cir. May 21, 2015)
Ruling:
The United States Court of Appeals for the Third Circuit held where there is no showing that a structured dismissal of a chapter 11 case "has been contrived to evade the procedural protections and...
Judge(s):
Hardiman, Scirica, and Barry, Circuit Judges
Tag(s):

Pyfer v. American Management Services, Inc. (In re National Pool Construction, Inc.)

Citation:
Case No. 14-1257 (3d Cir. April 2, 2015) (NOT PRECEDENTIAL)
Ruling:
Grant of summary judgment in favor of defendant is affirmed. Under New Jersey's Uniform Fraudulent Transfer Act (UFTA), trustee must demonstrate that debtor did not receive "reasonably equivalent...
Judge(s):
Barry (author); Rendell; Fuentes
Tag(s):

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