Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
12 years 8 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In a non-precedential opinion, the Third Circuit AFFIRMED the decision of the the district court below affirming the bankruptcy court's decision denying the debtor's demand for a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...
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.
Summarized by John Eggum , Foran Glennon Palandech Ponzi & Rudloff
12 years 10 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...
Summarized by Thomas Horan , U.S. Bankruptcy Court, District of Delaware
12 years 11 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In re Rodriguez, No. 12-2146 (3d Cir. April 22, 2013) (not precedential)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...
Summarized by John Eggum , Foran Glennon Palandech Ponzi & Rudloff
13 years 2 weeks 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...
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...
1. The district court did not err in concluding that the appeals of bankruptcy court orders were untimely. Orders re-converting case into chapter 13 proceeding were final when chapter 13 case was...
Summarized by Eduardo Glas , Law Office of Eduardo Glas PC
13 years 2 months ago
Citation:
In re Spansion, Inc. et al, Case Nos. 11-3323 & 11-3324 (3rd Cir. 2012, decided 12/21/2012)
Ruling:
Agreement that settled litigation between Spansion (the "Debtor") and Apple at the International Trade Commision pursuant to which the Debtor agreed not to sue Apple in the future over the use of...
Summarized by Michael Nestor , Young Conaway Stargatt & Taylor, LLP
13 years 4 months ago
Citation:
In re Michael, No. 11-1992 (3d Cir. Oct. 26, 2012)
Ruling:
The Third Circuit Court of Appeals held that if, upon conversion of a Chapter 13 case to a case under Chapter 7, the Chapter 13 trustee is holding funds acquired post-petition by the debtor for...
Olick v. Kearney (In re Olick), No. 12-1147, 2012 WL 4239423 (3d Cir. Sept. 21, 2012) (not precedential)
Ruling:
AFFIRMING three decisions from the United States Bankruptcy Court for the Eastern District of Pennsylvania, the Court of Appeals for the Third Circuit held that:
(1) plaintiff-appellant waived...
Judge(s):
Jordan, Hardiman and Aldisert, Third Circuit Judges
