In re Spansion, Inc.

Citation:
In re Spansion, Inc. et al, Case Nos. 11-3323 & 11-3324 (3rd Cir. 2012, decided 12/21/2012)
Ruling:
Agreement that settled litigation between Spansion (the "Debtor") and Apple at the International Trade Commision pursuant to which the Debtor agreed not to sue Apple in the future over the use of...
Judge(s):
Scirica, Fisher and Jordan
Tag(s):

In re Michael

Citation:
In re Michael, No. 11-1992 (3d Cir. Oct. 26, 2012)
Ruling:
The Third Circuit Court of Appeals held that if, upon conversion of a Chapter 13 case to a case under Chapter 7, the Chapter 13 trustee is holding funds acquired post-petition by the debtor for...
Judge(s):
Sloviter, Ambro and Roth
Tag(s):

Olick v. Kearney (In re Olick)

Citation:
Olick v. Kearney (In re Olick), No. 12-1147, 2012 WL 4239423 (3d Cir. Sept. 21, 2012) (not precedential)
Ruling:
AFFIRMING three decisions from the United States Bankruptcy Court for the Eastern District of Pennsylvania, the Court of Appeals for the Third Circuit held that: (1) plaintiff-appellant waived...
Judge(s):
Jordan, Hardiman and Aldisert, Third Circuit Judges
Tag(s):

Glover v. FDIC

Citation:
__ F.3d __, 2012 WL 3834666, C.A. 3 (Sept. 5, 2012)
Ruling:
Affirm ruling of the district court dismissing appellant's claims under the Fair Debt Collection Practices Act ("FDCPA") and Pennsylvania's Fair Credit Extension Uniformity Act ("FCEUA").
Judge(s):
FISHER and GREENBERG (Circuit Judges), and OLIVER (District Judge, sitting by designation).
Tag(s):

In re Tropicana Entertainment LLC

Citation:
In re Tropicana Entertainment LLC, et al, --- F.3d ---, 2012 WL 3776531, No. 10-3970 (3d Cir. Aug. 31, 2012)
Ruling:
The Third Circuit Court of Appeals held that an ad hoc noteholder committee’s (the “Noteholder Committee”) fees were not entitled to administrative priority pursuant to 11 U.SC. §...
Judge(s):
Ambro, Chagares and Aldisert
Tag(s):

In re Dahlgren

Citation:
No. 11-2794 (3d Cir. Aug. 23, 2012) (NOT PRECEDENTIAL)
Ruling:
AFFIRMING the District Court, the Third Circuit held that Debtor's plan, as submitted by his counsel, would have voided the state court's sale order issued prior to the bankruptcy filing. Without...
Judge(s):
SMITH and FISHER, Circuit Judges RAKOFF, District Judge (S.D.N.Y.), sitting by designation
Tag(s):

Nuveen Municipal Trust v. WithumSmith Brown, P.C.

Citation:
Nuveen Municipal Trust v. Withumsmith Brown, P.C., No. 10-4633 (3d Cir. August 16, 2012)
Ruling:
Affirming the district court, the Third Circuit held that the district court did have “related to” jurisdiction under 28 U.S.C. § 1334(b) to adjudicate Appellant's action against the...
Judge(s):
Judges Ambro, Vanaskie, and Aldisert. (Judge Aldisert dissented to non-bankruptcy portions of the decision.)
Tag(s):

In re Messina

Citation:
In re Messina, No. 11-1426 (3rd Cir. Aug. 6, 2012)
Ruling:
The Third Circuit found that Schwab v. Reilly, 130 S. Ct. 2652 (2010) modified Taylor v. Freeland & Kronz, 503 U.S. 638 (1992) so that Bankruptcy Rule 4003's 30-day time limit now only applies to...
Judge(s):
Fisher, Hardiman and Greenaway, Circuit Judges
Tag(s):

In re Philadelphia Newspapers, LLC

Citation:
In re: Philadelphia Newspapers, LLC, Case No. 11-3257 (3d Cir. July 26, 2012) (unpublished) (Ambro, J.)
Ruling:
EQUITABLE MOOTNESS: When deciding whether an appeal is equitably moot, a Court must consider all five factors set forth in In re: Continental Airlines, 91 F.3d 553, 560 (3d Cir. 1996). In...
Judge(s):
Circuit Judges Ambro, Fuentes, and Hardiman.
Tag(s):

In re American Capital Equipment, LLC

Citation:
In re American Capital Equipment, LLC, Case No. 10-2239 (3d Cir. July 25, 2012).
Ruling:
Time of Confirmability Determination Bankruptcy judges can determine a Chapter 11 plan is unconfirmable without first holding a confirmation hearing where: (1) the plan is "patenty unconfirmable,...
Judge(s):
Fisher, Vanaskie, and Roth
Tag(s):

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