The district court's determination that the bankruptcy court orders in question unambiguously provide for pro rata distribution to all holders of general unsecured claims, including tort claims is...
International Union v. Visteon Corp. (In re Visteon Corp), No. 12-3352, Slip Op. (3d Cir. Aug. 28, 2014)
Ruling:
Order of the bankruptcy court termining pension benefits was final and subject to appeal. Party that failed to appeal the order could not get the benefit of the appellate court's reversal of the...
Summarized by Michael Nestor , Young Conaway Stargatt & Taylor, LLP
11 years 8 months ago
Citation:
Nos. 1373 and 13-1959 (3d Cir. Aug. 11, 2014)
Ruling:
The Third Circuit held that the Bankruptcy Court erred in dismissing avoidance claims under both the Bankruptcy Code and Delaware law because there is no requirement to plead that the defendant had...
Judge(s):
Jordan, Vanaskie and Van Antwerpen (opinion by Vanaskie)
Reversed and remanded to U.S. District Court for the the New Jersey. As applied to the advertisements of the plaintiff attorney and his firm, a New Jersey Supreme Court attorney conduct guideline...
Olick v. City of Easton (In re Olick), Case No. 13-4109 (3d Cir. July 3, 2014)
Ruling:
The Third Circuit Court of Appeals affirmed the lower courts decision that a global settlement regarding the collection of real estate taxes that was reached amongst several parties also bound the...
- District Court's judgment vacated and case remanded for further proceedings.
- Under applicable Pennsylvania law, an action in debt does not constitute the proper method to enforce a statutory...
Summarized by Gregory Guest , Dickinson Wright, PLLC
11 years 11 months ago
Citation:
In re Caribbean Petroleum Corp., Case No. 13-2326 (3d Cir. May 6, 2014) [NOT PRECEDENTIAL]
Ruling:
The Bankruptcy Court correctly applied § 502(e)(1)(B) in disallowing a claimant's contingent contribution claims against the debtors. Nothing in the text of § 502(e)(1)(B) suggests that the...
Summarized by Thomas Horan , U.S. Bankruptcy Court, District of Delaware
11 years 11 months ago
Citation:
Galluzzo v. Commissioner of Internal Revenue, No. 13-3555 (3d Cir. April 24, 2014)
Ruling:
The United States Tax Court did not have jurisdiction over former debtors' tax redetermination action because the Commissioner of Internal Revenue did not mail a notice of deficiency to the debtors...
In re Bishop, No. 13-3805 (3d Cir. Mar. 21, 2014) (unpublished) (per curiam)
Ruling:
State court judgment may not be appealed to bankruptcy court because bankruptcy court lacks jurisdiction to review the merits of a state court proceeding.
