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...
Summarized by Weston Eguchi , Willkie Farr & Gallagher LLP
12 years 6 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...
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
The opinion is marked "Not Precedential".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
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...
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
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...
Summarized by Michael Nestor , Young Conaway Stargatt & Taylor, LLP
12 years 7 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Carrol v. Prosser (In re Jeffrey J. Prosser), Case No. 12-2864 (3d Cir. Aug. 1, 2013) (not precedential)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
Summarized by Thomas Horan , U.S. Bankruptcy Court, District of Delaware
12 years 7 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...
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]
