Carrol v. Prosser (In re Jeffrey J. Prosser)

Citation:
Carrol v. Prosser (In re Jeffrey J. Prosser), Case No. 12-2864 (3d Cir. Aug. 1, 2013) (not precedential)
Ruling:
Affirmed judgment of the District Court. Appellant, a defendant in a fraudulent conveyance action before the District Court, moved to dismiss before the District Court prior to trial, which motion...
Judge(s):
McKee, , Chief Judge, Scirica and Vanaskie, Circuit Judges
Tag(s):

In re Lazy Days' RV Center Inc.

Citation:
-- F3d. --, No. 12-4047 (3d Cir. July 30, 2013)
Ruling:
The United States Court of Appeals for the Third Circuit reversed the judgment of the United States District Court for the District of Delaware, finding that the United States Bankruptcy Court for...
Judge(s):
Scirica, Hardiman, and Aldisert, Circuit Judges
Tag(s):

In re W.R. Grace & Co.

Citation:
In re W.R. Grace & Co., Case No. 12-2807 (3d Cir. July 24, 2013) (unpublished)
Ruling:
Co-defendant in asbestos-related litigation lacked standing to object to confirmation of Chapter 11 plan because objector failed to show a specific, identifiable injury that would result from plan...
Judge(s):
Ambro, Fisher and Jordan, Circuit Judges. [Written by Jordan]
Tag(s):

Lepre v. U.S. Department of Education (In re Lepre)

Citation:
Lepre v. U.S. Department of Education (In re Lepre)
Ruling:
In a non-precedential opinion, the Third Circuit AFFIRMED the decision of the the district court below affirming the bankruptcy court's decision denying the debtor's demand for a student loan...
Judge(s):
FUENTES, FISHER and VANASKIE
Tag(s):

Baer v. U.S.

Citation:
Baer v. United States, 2013 U.S. App. LEXIS 13546, no. 12-1319 (3d. Cir. July 1, 2013).
Ruling:
The Third Circuit AFFIRMED the district court's dismissal of the complaint for lack of subject matter jurisdiction, holding that Appellants were merely challenging discretionary decisions relating...
Judge(s):
HARDIMAN and ALDISERT, Cir. JJ., and STARK, D.J., sitting by designation.
Tag(s):

The Majestic Star Casino, LLC v. Barden Development, Inc. (In re The Majestic Star Casino, LLC)

Citation:
Nos. 12-3200/3201 (3d Cir., May 21, 2013)
Ruling:
Debtor lacked standing to challenge non-debtor parent/shareholder's revocation of election of S Corp status. Rejecting cases from other circuits, the Third Circuit found that S Corp status is not...
Judge(s):
Ambro, Jordan, and Vanaskie
Tag(s):

In re Rodriguez

Citation:
In re Rodriguez, No. 12-2146 (3d Cir. April 22, 2013) (not precedential)
Ruling:
Because a chapter 13 plan confirmation order may be revoked only if such order was procured by fraud, the absence of such fraud prevents the court from reconsidering the plan confirmation order...
Judge(s):
Jordan, Aldisert, and Nygaard, Circuit Judges.
Tag(s):

In re Alabama Aircraft Industries, Inc.

Citation:
No. 12-1290
Ruling:
Transfer of a cause of action to a Litigation Trust - in accordance with the terms of an Asset Purchase Agreement - can be insulated from attack on appeal pursuant to Section 363(m). That section...
Judge(s):
McKee, Sloviter, and Vanaskie
Tag(s):

Sherzer v. Homestar Mortgage Services

Citation:
Sherzer v. Homestar Mortgage Services, No. 11-4254 (3d Cir. Feb. 5, 2013)
Ruling:
In precedential decision, the Third Circuit held that an obligor may exercise her right to rescind a loan subject to TILA by notifying the creditor in writing within the three-year statutory...
Judge(s):
Sloviter, Rendell and Hardiman, Circuit Judges
Tag(s):

In re Mondelli

Citation:
Case No. 11-3029, 2012 WL 6685476 (3d Cir. Dec. 26, 2012)
Ruling:
1. The district court did not err in concluding that the appeals of bankruptcy court orders were untimely. Orders re-converting case into chapter 13 proceeding were final when chapter 13 case was...
Judge(s):
J. Rendell, J. Fuentes, J. Chagares
Tag(s):

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