Court of Appeals for the Third Circuit, No. 09-4295, Precedential Opinion, February 16, 2011
Ruling:
The Court ruled that the phrase "commercially reasonable determinants of value" found in section 562(b) of the Bankruptcy Code clearly means that any commercially reasonable valuation methodology...
In this non-precedential opinion, the Third Circuit concluded that the Truth In Lending Act (TILA) prohibits any claim to rescind a loan transaction brought more than three years from the date of...
No. 09-2724 (Dec. 23, 2010 3d Cir.) (precedential)
Ruling:
The issue before the Third Circuit Court of Appeals was whether the automatic stay prevented Countrywide from accounting for the pre-petition escrow shortgage in its post-petition calculation of...
The district court held, and the Third Circuit affirmed, that Plaintiffs' complaint failed to state a claim for relief under FRCP 12(b)(6). The Third Circuit agreed that simply alleging...
Summarized by Thomas Horan , U.S. Bankruptcy Court, District of Delaware
15 years 3 months ago
Citation:
United States Court of Appeals for the Third Circuit, Case No. 09-4254, In re Kane, Dec. 21, 2010
Ruling:
The United States Court of Appeals for the Third Circuit held that the district court did not err in declining to exercise its discretion to impose equitable estoppel to a proof of claim filed by...
The Court of Appeals for the Third Circuit affirmed the District Court’s rejection of the Debtor’s claim to rescind her loan against defendant Tribeca Lending Corporation (“Tribeca”) under...
Murphy v. Fed. Deposit Ins. Corp., No. 09-1843, 2010 WL 4780380 (3d Cir. Nov. 24, 2010) (Not Selected for Publication in the Federal Reporter).
Ruling:
The Court of Appeals for the Third Circuit held that the Plaintiffs' remaining claims against the Defendant, a later assignee of a residential mortgage loan, asserted under the Pennsylvania Unfair...
Stating that summary action is appropriate when an appeal presents no "substantial question," the Third Circuit summarily affirmed the judgment of the United States District Court for the Eastern...
Judge(s):
SLOVITER, JORDAN and GREENWAY, JR., Circuit Judges (per curiam)
