No formal citation (3d Cir., docket no. 10-2072, May 4, 2011)
Ruling:
NOTE: This Opinion is stamped as "Not Precedential"
Where a debt stems from a state court judgment based on the debtor's fraudulent conduct or defalcation while acting as a fiduciary,...
Summarized by Weston Eguchi , Willkie Farr & Gallagher LLP
15 years 3 weeks ago
Citation:
No. 08-3650 (3d Cir. May 4, 2011) [Precedential]
Ruling:
Vacating the district court’s order, the Third Circuit ruled that Appellants Hartford and Century – who were the Debtors’ insurance providers under policies which were to be assigned to a...
Summarized by Michael Nestor , Young Conaway Stargatt & Taylor, LLP
15 years 1 month ago
Citation:
3rd Circuit Court of Appeals, No. 10-3975, Appeal from the United States District Court of the Virgin Islands, Appellate Division of St. Croix, April 14, 2011
Ruling:
The issue to be decided by the Third Circuit Court of Appeals (the "Third Circuit") was whether the Bankruptcy Court erred in determining that appellant's case should be dismissed pursuant to...
3rd Circuit Court of Appeals, No. 10-2532, Appeal from the United States District Court for the District of New Jersey, April 11, 2011
Ruling:
The Court ruled that (1) under New Jersey law, a debtor's debt obligation is not extinguished by the expiration of the statute of limitations, even though the debt is ultimately unenforceable in a...
Summarized by Thomas Horan , U.S. Bankruptcy Court, District of Delaware
15 years 1 month ago
Citation:
United States Court of Appeals for the Third Circuit, Case No. No. 07-2151, In re Caterbone, April 4, 2011
Ruling:
United States Court of Appeals for the Third Circuit ruled that pursuant to 28 U.S.C. § 158(c)(2) and Fed. R. Bankr. P. 8002, a court lacks jurisdiction to consider an appeal where appellant filed...
To certify a class, the proposed class representative must satisfy each of the four requirements in Rule 23(a)—numerosity, commonality, typicality, and adequacy—and the putative class action...
Judge(s):
Sciricia, Ambro and Jones (United Statates District Court judge for the Middle District of Pennsylvania sitting by designation)
In re: Fleurantin, No. 09-4376 (3rd Cir. March 24, 2011)
Ruling:
NOTE: Opinion marked " NOT PRECEDENTIAL."
The United States Court of Appeals for the Third Circuit (1) affirmed the District Court’s decision that it lacked jurisdiction to review the...
Nos. 09-4594 & 10-2285, 2011 WL 944421 (3rd Cir. March 21, 2001). Not for Publication in West's Federal Reporter.
Ruling:
NOTE: This Opinion is stamped as " NOT PRECEDENTIAL." The United States Court of Appeals for the Third Circuit affirmed the District Court's orders (1) affirming the Bankruptcy Court’s order...
No formal citation (3d Cir., docket no. 10-2914, 3/15/11)
Ruling:
NOTE: This Opinion is stamped as "Not Precedential"
11 U.S.C. § 363(m) prohibits reversal of a sale to a good faith purchaser of bankruptcy estate property if the objecting party failed to...
Summarized by John Eggum , Foran Glennon Palandech Ponzi & Rudloff
15 years 2 months ago
Citation:
Nos. 09-1735/1736 (3d Cir., March 9, 2011)
Ruling:
Plan Administrator in liquidating chapter 11 case was not barred by res judicata from challenging a "Lease/Sublease Agreement" as a structured financing transaction (rather than a true lease),...