Summarized by Fred Ringel , Leech Tishman Robinson Brog PLLC
12 years 1 week ago
Citation:
In re Ruitenberg, Case No. 13-2175 (3d Cir. March 13, 2014)
Ruling:
Deciding when an interest in the equitable distribution of marital assets in a divorce proceeding becomes a claim against the bankruptcy estate begins with the Bankruptcy Code's definition of a...
Judge(s):
Ambro, Smith and Sandra Day O'Connor (Retired Supreme Court Associates Justice sitting by designation)
Case No. 13-2139 (3d Cir. Jan. 16, 2014) (Not Precedential)
Ruling:
Appeal alleging district court abused its discretion when dismissing declaratory judgment action is moot where district court effectively ruled on the merits by denying appellants' subsequent...
Summarized by Michael Nestor , Young Conaway Stargatt & Taylor, LLP
12 years 2 months ago
Citation:
Bayer Bus. & Tech. Servs. V. AGR Premier Consulting, Inc. (In re AGR Premier Consulting, Inc.), No. 12-4622 (3d Cir. Jan. 4, 2014)
Ruling:
The Third Circuit reversed the decisions of the district court and the bankruptcy court, holding that the bankruptcy court abused its discretion in finding the appellant in contempt for violating a...
In re D. Erik von Kiel, No. 13-1925 (3d Cir. December 24, 2013)
Ruling:
Dr. von Kiel concealed property belonging to and/or controlled by him within one year before the date of his chapter 7 petition and discharge of his debts was denied.
Judge(s):
RENDELL, GREENAWAY, JR., and ALDISERT, Circuit Judges
- Debtor’s post-petition payment pursuant to a first-day wage order does not affect the calculation of preference liability and the new value defense.
- Statutory language is not clear but...
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.
Summarized by David Banker , Womble Bond Dickinson (US) LLP
12 years 4 months 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
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
