Summarized by Thomas Horan , U.S. Bankruptcy Court, District of Delaware
13 years 9 months ago
Citation:
In re Stone Resources, Inc., No. 11-2888 (3d Cir. May 29, 2012) (not precedential)
Ruling:
A District Court must review a Bankruptcy Court decision denying relief from the automatic stay under an abuse of discretion standard and cannot engage in its own fact finding when engaging in such...
Gruber v. Kaplan (In re Kaplan), No. 11-4022 (3d CIr. May 24, 2012)
Ruling:
The Third Circuit Affirmed the District Court‟s order upholding the decision of the Bankruptcy Court denying Appellant's motion under Fed. R. Bankr. P. 8002(c) to extend the time to appeal and...
In re Makris, Case No. 11-1666, 2012 U.S. App. LEXIS 10359 (3d Cir. May 23, 2012) (Not Precedential)
Ruling:
The Third Circuit Court of Appeals VACATED an order of the United States District Court for the District of New Jersey that affirmed the bankruptcy court’s award of fees on fees incurred by the...
Wright v. Owens Corning, Case No. 11-2026 (3d Cir. May 18, 2012) (Precedential)
Ruling:
AFFIRMING in part and REVERSING in part judgment of the United States District Court for the Western District of Pennsylvania. The Third Circuit Court of Appeals confirmed its test for defining a...
In re Heritage Highgate, Inc. and Heritage Twin Ponds, L.P., Debtors, Case No. 11-1889, ---F.3d ---- (3d Cir. May 14, 2012)(slip opinion) (Rendell, J.)
Ruling:
First, real estate is to be valued under Section 506(a) at fair market replacement value as of the date of Chapter 11 Plan confirmation. Second, lien-stripping is allowed in a Chapter 11...
In re Vistacare Group, LLC, et. al., No. 11-2695 (May 4, 2012 3d Cir.) (Precedential)
Ruling:
The Third Circuit Court of Appeals held that the Barton doctrine, which requires a party seeking to sue a court-appointed receiver, to first obtain leave of the appointing court, applies to...
In re Federal-Mogul Global Inc., Case No. 09-2230, 2012 WL 1511773 (3d Cir. May 1, 2012)
Ruling:
The Court of Appeals for the Third Circuit held that the Debtor Federal-Mogul could transfer its insurance rights to recovery under liability policies to a post-confirmation section 524(g) trust,...
Judge(s):
Anthony J. Scirica, D. Brooks Smith and Kent A. Jordan
The United States Court of Appeals for the Third Circuit affirmed the decision of the United States District Court for the District of Delaware affirming an oral opinion and order issued by the...
Judge(s):
FISHER and GREENAWAY, JR., Circuit Judges, and JONES, District Judge, sitting by designation
NOTE: This opinion is stamped as "Not Precedential" and is not an appeal of a case originally filed in bankruptcy court, but of a class action complaint filed originally in the District of New...
Judge(s):
Honorable John E. Jones, III (District Judge for the United States District Court for the Middle District of Pennsylvania, sitting by designation).
Summarized by Thomas Horan , U.S. Bankruptcy Court, District of Delaware
14 years 2 months ago
Citation:
In re Machne Menachem, Inc., No. 11-1496 (3d Cir. Jan 3., 2012)
Ruling:
The United States Court of Appeals for the Third Circuit affirmed the judgment of the United States District Court for the Middle District of Pennsylvania affirming a bankruptcy court decision that...
Judge(s):
Fuentes, J.; Chagares, J.; and Restani, J. (Judge of the United States Court of International Trade, sitting by designation)
