In re Nortel Networks Inc., et al.

• Summarized by Cassandra Porter , Cognizant Technology Solutions
• 11 years 1 month ago

Citation:

Joint Administrators for Nortel Networs, No. 13-2739

Ruling:

The U.S. Court of Appeals for the Third Circuit in Philadelphia upheld bankruptcy court ruling that there was never an agreement to use arbitration to divide estate assets.

Judge(s):

FUENTES, GREENBERG, and BARRY

Tag(s):

• 3rd Circuit
• Alternative Dispute Resolution
• International Insolvency

In re KB Toys Inc, et al.

• Summarized by David Banker , Womble Bond Dickinson
• 11 years 1 month ago

Citation:

No. 13-1197, November 15, 2013, United States Court of Appeals for the Third Circuit

Ruling:

A trade claim that is subject to disallowance under § 502(d) of the Bankruptcy Code in the hands of the original claimant is similarly disallowable in the hands of a subsequent transferee (such as...

Judge(s):

Argued before Judges Chagares, Vanaskie and Shwartz. Opinion by Judge Shwartz

Tag(s):

• 3rd Circuit
• Claims
• Bankruptcy Litigation
• Preferences
• § 502
• § 547

Simon v. FIA Card Services, N.A.

• Summarized by George Utlik , Capital One
• 11 years 3 months ago

Citation:

Simon v. FIA Card Services, N.A., No. 12-3293, 2013 WL 5508868 (3d Cir. Oct. 7, 2013)

Ruling:

Affirming in part and reversing in part the dismissal of the Debtors’ claims under the Fair Debt Collection Practices Act (the “FDCPA”) and remanding the case back to the United States...

Judge(s):

The Honorable Lee H. Rosenthal, the United States District Court for the Southern District of Texas, sitting by designation

Tag(s):

• 3rd Circuit
• Bankruptcy Process and Procedure
• Personal Bankruptcy Topics
• Rule 2004
• Rule 9016
• § 362
• § 523

Deitrich v. Wyndham Worldwide Corp (In re Equivest ST. Thomas, Inc.)

• Summarized by Michael Nestor , Young Conaway Stargatt & Taylor, LLP
• 11 years 3 months ago

Citation:

Case No. 11-4039 (3d Cir. October 1, 2013)

Ruling:

The Third Circuit Court of Appeals affirmed the decision of the distict court and dismissed appellant's apeal with prejudice.

Judge(s):

McKee, Chief Judge, Scirica and Vanaskie, Circuit Judges

Tag(s):

• 3rd Circuit
• Bankruptcy Process and Procedure

Ettinger and Associates, LLC v. Miller (In re Miller)

• Summarized by Valerie Hamilton , Sills Cummis & Gross PC
• 11 years 3 months ago

Citation:

Ettinger and Associates, LLC v. Miller (In re Miller), Case No. 12-3151 and 12-3152

Ruling:

In this precedential opinion, the Third Circuit affirmed the District Court's order reversing a Bankruptcy Court's award of sanctions under Rule 9011 for failure to comply with the Rule's "safe...

Judge(s):

McKee, Ambro and Nygaard [Opinion by Ambro]

Tag(s):

• 3rd Circuit
• Discharge/Dischargeability
• Practice and Procedure
• Rule 9006
• Rule 9011
• § 523

In re W.R. Grace & Co., et al.

• Summarized by Weston Eguchi , Willkie Farr & Gallagher LLP
• 11 years 4 months ago

Citation:

No. 12-1521/2904 (Sept. 4, 2013) (Precedential)

Ruling:

Affirming the District Court's ruling, the Third Circuit Court of Appeals held: (a) Section 524(g) broadly encompasses all asbestos-related actions against the debtors, including claims for...

Judge(s):

Ambro, Fisher and Jordan

Tag(s):

• 3rd Circuit
• Claims
• Mass Torts
• Plan Confirmation
• 1122
• 1123
• 524

In re WR Grace & Co., et al.

• Summarized by Samuel Schwartz , Schwartz Law, PLLC
• 11 years 4 months ago

Citation:

In re WR Grace & Co., 2013 WL 4734074 (3d Cir. Sept. 4, 2013).

Ruling:

The United States Court of Appeals for the Third Circuit affirmed the holding of the United States District Court for the District of Delaware, finding that: a) the Plan meets the requirements of...

Judge(s):

Honorable Judge Thomas L. Ambro, Honorable Judge D. Michael Fisher and Honorable Judge Kent A. Jordan

Tag(s):

• 3rd Circuit
• Business Reorganization
• Claims
• Bankruptcy Litigation
• Plan Confirmation
• 11 U.S.C § 1123
• 11 U.S.C § 1129
• 11 U.S.C. § 524(

In re Towne, Inc

• Summarized by Terry Hall , Terry Hall Law PC
• 11 years 4 months ago

Citation:

12-3069 3rd Circuit (August 29, 2013)

Ruling:

The opinion is marked "Not Precedential". Third Circuit Court of Appeals affirmed the bankruptcy and district courts holdings that law firm hired as special counsel to chapter 11 debtors was...

Judge(s):

Circuit Judges: Jordan, Vanaskie, Rakoff (designation) District Court - Katharine S. Hayden

Tag(s):

• 3rd Circuit
• Bankruptcy Process and Procedure
• Practice and Procedure

In re ABC Learning Centres Limited

• Summarized by Gaston Loomis , McElroy, Deutsch, Mulvaney & Carpenter LLP
• 11 years 4 months ago

Citation:

In re ABC Learning Ctrs. Ltd., No. 12-2808 (3rd Cir. 2013)

Ruling:

The Third Circuit affirmed the Bankruptcy Court's recognition of ABC's Australian insolvency proceeding as a foreign main proceeding under Chapter 15 of the Bankruptcy Code and order that the...

Judge(s):

Scirica, Jordan and Roth, Circuit Judges

Tag(s):

• 3rd Circuit
• Automatic Stay
• § 1501
• § 1502
• § 1515
• § 1520

Samson Energy Resources Co v. Semcrude, L.P., et al. (In re Semcrude, L.P.)

• Summarized by Cassandra Porter , Cognizant Technology Solutions
• 11 years 4 months ago

Citation:

No. 12-2736

Ruling:

Third Circuit reversed District Court's dismissal of appeal on grounds of "equitable mootness" and remanded case back to District Court for hearing on the merits of the appeal

Judge(s):

AMBRO, FISHER, and JORDAN,

Tag(s):

• 3rd Circuit
• Bankruptcy Litigation

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