In re Calabrese

Citation:
In re Michael Calabrese, Jr., 11-3793 (3d Cir. 7/20/2012)
Ruling:
New Jersey sales taxes are considered trust fund taxes for purposes of priority and dischargeability and fall under 507(a)(8)(C) rather than 507(a)(8)(E).
Judge(s):
McKee, Chief Judge; Hardiman, Circuit Judge; Jones, II, District Judge
Tag(s):

In re Orton

Citation:
In re Orton, No. 11-4157 (3d Cir. July 20, 2012) (Precedential)
Ruling:
Affirming the Bankruptcy Court and District Court, the Third Circuit Court of Appeals held that under the wildcard exemption in 11 U.S.C. § 522(d)(5), where the debtor exempts only an interest in...
Judge(s):
Ambro, Vanaskie and Aldisert
Tag(s):

Split Vein Coal Co., Inc. v. Gilberton Coal Co., Inc. (In re Split Vein Coal Co., Inc.)

Citation:
Split Vein Company, Inc. v. Gilbert Coal Company, Inc., et al. (In re Split Vein Coal Company, Inc.), Case No. 11-2469 (3d Cir. June 5, 2012)
Ruling:
AFFIRMING order of district court, which affirmed order of the bankruptcy court regarding Pennsylvania state law claim for conversion that had been asserted in the context of a bankruptcy adversary...
Judge(s):
Rendell, Fuentes and Hardiman
Tag(s):

In re Stone Resources, Inc.

Citation:
In re Stone Resources, Inc., No. 11-2888 (3d Cir. May 29, 2012) (not precedential)
Ruling:
A District Court must review a Bankruptcy Court decision denying relief from the automatic stay under an abuse of discretion standard and cannot engage in its own fact finding when engaging in such...
Judge(s):
Greenway, Jr.; Roth; and Tashima, Circuit Judges
Tag(s):

Gruber v. Kaplan (In re Kaplan)

Citation:
Gruber v. Kaplan (In re Kaplan), No. 11-4022 (3d CIr. May 24, 2012)
Ruling:
The Third Circuit Affirmed the District Court‟s order upholding the decision of the Bankruptcy Court denying Appellant's motion under Fed. R. Bankr. P. 8002(c) to extend the time to appeal and...
Judge(s):
AMBRO, FISHER and GARTH, Circuit Judges
Tag(s):

In re Makris

Citation:
In re Makris, Case No. 11-1666, 2012 U.S. App. LEXIS 10359 (3d Cir. May 23, 2012) (Not Precedential)
Ruling:
The Third Circuit Court of Appeals VACATED an order of the United States District Court for the District of New Jersey that affirmed the bankruptcy court’s award of fees on fees incurred by the...
Judge(s):
Vanaskie, Barry, and Cudahy
Tag(s):

Wright v. Owens Corning

Citation:
Wright v. Owens Corning, Case No. 11-2026 (3d Cir. May 18, 2012) (Precedential)
Ruling:
AFFIRMING in part and REVERSING in part judgment of the United States District Court for the Western District of Pennsylvania. The Third Circuit Court of Appeals confirmed its test for defining a...
Judge(s):
Rendell, Ambro and Nygaard
Tag(s):

In re Heritage Highgate, Inc.

Citation:
In re Heritage Highgate, Inc. and Heritage Twin Ponds, L.P., Debtors, Case No. 11-1889, ---F.3d ---- (3d Cir. May 14, 2012)(slip opinion) (Rendell, J.)
Ruling:
First, real estate is to be valued under Section 506(a) at fair market replacement value as of the date of Chapter 11 Plan confirmation. Second, lien-stripping is allowed in a Chapter 11...
Judge(s):
Rendell, Fisher, and Chagares, Circuit Judges.
Tag(s):

In re: Vistacare Group, LLC, et al.

Citation:
In re Vistacare Group, LLC, et. al., No. 11-2695 (May 4, 2012 3d Cir.) (Precedential)
Ruling:
The Third Circuit Court of Appeals held that the Barton doctrine, which requires a party seeking to sue a court-appointed receiver, to first obtain leave of the appointing court, applies to...
Judge(s):
McKee, Fisher, Greenaway
Tag(s):

In re Federal-Mogul Global Inc.

Citation:
In re Federal-Mogul Global Inc., Case No. 09-2230, 2012 WL 1511773 (3d Cir. May 1, 2012)
Ruling:
The Court of Appeals for the Third Circuit held that the Debtor Federal-Mogul could transfer its insurance rights to recovery under liability policies to a post-confirmation section 524(g) trust,...
Judge(s):
Anthony J. Scirica, D. Brooks Smith and Kent A. Jordan
Tag(s):

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