Affirm ruling of the district court dismissing appellant's claims under the Fair Debt Collection Practices Act ("FDCPA") and Pennsylvania's Fair Credit Extension Uniformity Act ("FCEUA").
Judge(s):
FISHER and GREENBERG (Circuit Judges), and OLIVER (District Judge, sitting by designation).
In re Tropicana Entertainment LLC, et al, --- F.3d ---, 2012 WL 3776531, No. 10-3970 (3d Cir. Aug. 31, 2012)
Ruling:
The Third Circuit Court of Appeals held that an ad hoc noteholder committee’s (the “Noteholder Committee”) fees were not entitled to administrative priority pursuant to 11 U.SC. §...
No. 11-2794 (3d Cir. Aug. 23, 2012) (NOT PRECEDENTIAL)
Ruling:
AFFIRMING the District Court, the Third Circuit held that Debtor's plan, as submitted by his counsel, would have voided the state court's sale order issued prior to the bankruptcy filing. Without...
Judge(s):
SMITH and FISHER, Circuit Judges
RAKOFF, District Judge (S.D.N.Y.), sitting by designation
Nuveen Municipal Trust v. Withumsmith Brown, P.C., No. 10-4633 (3d Cir. August 16, 2012)
Ruling:
Affirming the district court, the Third Circuit held that the district court did have “related to” jurisdiction under 28 U.S.C. § 1334(b) to adjudicate Appellant's action against the...
Judge(s):
Judges Ambro, Vanaskie, and Aldisert. (Judge Aldisert dissented to non-bankruptcy portions of the decision.)
In re Messina, No. 11-1426 (3rd Cir. Aug. 6, 2012)
Ruling:
The Third Circuit found that Schwab v. Reilly, 130 S. Ct. 2652 (2010) modified Taylor v. Freeland & Kronz, 503 U.S. 638 (1992) so that Bankruptcy Rule 4003's 30-day time limit now only applies to...
In re: Philadelphia Newspapers, LLC, Case No. 11-3257 (3d Cir. July 26, 2012) (unpublished) (Ambro, J.)
Ruling:
EQUITABLE MOOTNESS: When deciding whether an appeal is equitably moot, a Court must consider all five factors set forth in In re: Continental Airlines, 91 F.3d 553, 560 (3d Cir. 1996). In...
In re American Capital Equipment, LLC, Case No. 10-2239 (3d Cir. July 25, 2012).
Ruling:
Time of Confirmability Determination
Bankruptcy judges can determine a Chapter 11 plan is unconfirmable without first holding a confirmation hearing where: (1) the plan is "patenty unconfirmable,...
Summarized by Bradford Sandler , Pachulski Stang Ziehl & Jones LLP
13 years 8 months ago
Citation:
In re Michael Calabrese, Jr., 11-3793 (3d Cir. 7/20/2012)
Ruling:
New Jersey sales taxes are considered trust fund taxes for purposes of priority and dischargeability and fall under 507(a)(8)(C) rather than 507(a)(8)(E).
Judge(s):
McKee, Chief Judge; Hardiman, Circuit Judge; Jones, II, District Judge
In re Orton, No. 11-4157 (3d Cir. July 20, 2012) (Precedential)
Ruling:
Affirming the Bankruptcy Court and District Court, the Third Circuit Court of Appeals held that under the wildcard exemption in 11 U.S.C. § 522(d)(5), where the debtor exempts only an interest in...
Summarized by Michael Nestor , Young Conaway Stargatt & Taylor, LLP
13 years 9 months ago
Citation:
Split Vein Company, Inc. v. Gilbert Coal Company, Inc., et al. (In re Split Vein Coal Company, Inc.), Case No. 11-2469 (3d Cir. June 5, 2012)
Ruling:
AFFIRMING order of district court, which affirmed order of the bankruptcy court regarding Pennsylvania state law claim for conversion that had been asserted in the context of a bankruptcy adversary...
