Jonathan Kohn v. McGuire Woods, et al.

• Summarized by Ferve Ozturk , BakerHostetler
• 11 years 4 months ago

Citation:

Slip Op. No. 12-3028 (Aug. 16, 2013)

Ruling:

NOTE TO READER: READ “FACTS” FIRST - Holding: Affirming the district court. - The Trustee had argued that its breach-of-contract claim against Haymount, although unrecorded, was superior...

Judge(s):

Scirica, Jordan, Roth

Tag(s):

• 3rd Circuit
• Fraudulent Transfers
• § 544

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

• Summarized by Michael Nestor , Young Conaway Stargatt & Taylor, LLP
• 11 years 5 months ago

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Carrol v. Prosser (In re Jeffrey J. Prosser), Case No. 12-2864 (3d Cir. Aug. 1, 2013) (not precedential)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):

• 3rd Circuit
• Bankruptcy Litigation
• Fraud
• Fraudulent Transfers

In re Lazy Days' RV Center Inc.

• Summarized by Thomas Horan , U.S. Bankruptcy Court, District of Delaware
• 11 years 5 months ago

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):

• 3rd Circuit
• Asset Sales
• Business Reorganization
• Bankruptcy Litigation
• Practice and Procedure
• Venue/Jurisdiction
• Rule 7001
• § 365
• § 350

In re W.R. Grace & Co.

• Summarized by Valerie Hamilton , Sills Cummis & Gross PC
• 11 years 5 months ago

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In re W.R. Grace & Co., Case No. 12-2807 (3d Cir. July 24, 2013) (unpublished)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):

• 3rd Circuit
• Bankruptcy Process and Procedure
• Business Reorganization
• Mass Torts
• Plan Confirmation
• Practice and Procedure
• § 524
• § 1109

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

• Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
• 11 years 6 months ago

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):

• 3rd Circuit
• Discharge/Dischargeability
• § 523

Baer v. U.S.

• Summarized by Julia Klein , klein llc
• 11 years 6 months ago

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):

• 3rd Circuit
• Professional Practice Areas

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

• Summarized by John Eggum , Foran Glennon Palandech Ponzi & Rudloff
• 11 years 7 months ago

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):

• 3rd Circuit
• Bankruptcy Taxation
• Automatic Stay
• Bankruptcy Litigation
• Corporate Governance
• Practice and Procedure
• § 362
• § 549

In re Rodriguez

• Summarized by Thomas Horan , U.S. Bankruptcy Court, District of Delaware
• 11 years 8 months ago

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):

• 3rd Circuit
• Claims
• Mortgage
• Finance and Banking
• Plan Confirmation
• Real Estate

In re Alabama Aircraft Industries, Inc.

• Summarized by John Eggum , Foran Glennon Palandech Ponzi & Rudloff
• 11 years 10 months ago

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):

• 3rd Circuit
• Asset Sales
• Bankruptcy Litigation
• Practice and Procedure

Sherzer v. Homestar Mortgage Services

• Summarized by Manuel Arreaza , Consumer Financial Protection Bureau
• 11 years 11 months ago

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):

• 3rd Circuit
• Consumer Debt
• Mortgage
• Predatory Lending
• Lender Liability
• Real Estate

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