In re: FIBER-SPAN, INC

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 2 years 6 months ago

Citation:

21-1712, 21-1713 & 21-1806 (3rd Circuit, Jul 05,2022) Published

Case Status:

Affirmed in part and Reversed in part

Ruling:

The U.S. Court of Appeals for the Third Circuit (Circuit) reached a third set of conclusions, deeming the decision of Transit Wireless LLC (Transit) to use the remote fiber nodes (Nodes) that it...

Judge(s):

Kent A. Jordan; L. Felipe Restrepo; and David J. Porter

Tag(s):

• 3rd Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Practice and Procedure
• Valuation
• Venue/Jurisdiction
• Professional Practice Areas
• Business Reorganization
• Finance and Banking
• Insurance
• Lender Liability
• Small Business
• Telecom/Tech
• Fed. R. Bankr. P. 3001; Fed. R. Bankr. P. 3003; Fed. R. Bankr. P. 7001
• 11 U.S.C § 501; 11 U.S.C § 502

IN RE: W.R. GRACE & CO, et al.,

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 3 years 3 months ago

Citation:

20-2171 (3rd Circuit, Sep 15,2021) Published

Case Status:

Reversed and Remanded

Ruling:

The bankruptcy court (BC), the Third Circuit (Panel) resolved, had misapplied the framework limned in a prior circuit opinion for analyzing the nature of the provided services of some insurers to...

Judge(s):

Julio M. Fuentes; Peter J. Phipps; and Cheryl A. Krause

Tag(s):

• 3rd Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Corporate Governance
• Court Administration
• Creditors' Committee
• Plan Confirmation
• Practice and Procedure
• Venue/Jurisdiction
• Professional Practice Areas
• Business Reorganization
• Finance and Banking
• Insurance
• Investment Banking
• Mass Torts
• Public Companies and Claims Trading
• SEC Issues
• Turnaround Issues
• 11 U.S.C. § 524(g)
• 11 U.S.C. § 524(g)(4)(A)
• 11 U.S.C. § 524(g)(4)(A)(ii)
• 11 U.S.C. § 524(g)(4)(A)(ii)(IIII)

IN RE: STEVEN RICHARD ALECKNA; JAIME SUE ALECKNA

• Summarized by Bradley Pearce , Pearce Law PLLC
• 3 years 4 months ago

Citation:

No. 20-1309 (3rd Circuit, Sep 09,2021) Published

Case Status:

Affirmed

Ruling:

Addressing the effect of the 2005 amendment to 11 U.S.C. § 362, the Third Circuit's decision in In re University Medical Center, 973 F.2d 1065 (3d Cir. 1992), remains good law so that a creditor...

Judge(s):

GREENAWAY, JR., SHWARTZ, and FUENTES

Tag(s):

• 3rd Circuit
• Bankruptcy Process and Procedure
• Automatic Stay
• Personal Bankruptcy Topics
• 11 U.S.C. § 362(k)

Timothy Ellis v. Westinghouse Electric CO, LLC.

• Summarized by Michael Myers , Ballard Spahr LLP
• 3 years 4 months ago

Citation:

20-2867 (3rd Circuit, Aug 30,2021) Published

Case Status:

Reversed

Ruling:

The Third Circuit Court of Appeals, reversing the U.S. District Court, held that an individual creditor's post-confirmation, pre-effective date administrative expense claim was bound by the terms...

Judge(s):

AMBRO, GREENAWAY, JR., and BIBAS

Tag(s):

• 3rd Circuit
• Bankruptcy Process and Procedure
• Administrative Expense Claims
• Plan Confirmation
• Practice and Procedure
• 11 U.S.C. 503
• 11 U.S.C. 1141(d)

In re LTC Holdings, INC.

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 3 years 4 months ago

Citation:

20-3057 (3rd Circuit, Aug 18,2021) Published

Case Status:

Affirmed

Ruling:

In a case pitting a surety that had secured the completion of a project for the U.S. upon the default of the debtors (DRs) per a performance bond against the DRs' first lien creditor, the Third...

Judge(s):

D. Brooks Smith; Paul B. Matey; and D. Michael Fisher

Tag(s):

• 3rd Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Legislation
• Plan Confirmation
• Practice and Procedure
• Venue/Jurisdiction
• Professional Practice Areas
• Business Reorganization
• Finance and Banking
• Govt. Claims/Sovereign Immunity
• Lender Liability
• Real Estate
• Small Business
• Uniform Commercial Code/Article 9
• Unsecured Trade Creditors
• 11 U.S.C. § 509

In re Venoco LLC

• Summarized by Bradley Pearce , Pearce Law PLLC
• 3 years 7 months ago

Citation:

Nos. 20-1061; 20-1062 and 20-1063 (3rd Circuit, May 24,2021) Published

Case Status:

Affirmed

Ruling:

The bankruptcy court had jurisdiction over the State of California and a California commission (the "California Parties") to determine whether the California Parties owed funds to the...

Judge(s):

AMBRO, PORTER, and ROTH

Tag(s):

• 3rd Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Venue/Jurisdiction

In re Weinstein Company Holdings LLC

• Summarized by Michael Myers , Ballard Spahr LLP
• 3 years 7 months ago

Citation:

20-1878 (3rd Circuit, May 21,2021) Published

Case Status:

Affirmed

Ruling:

The Third Circuit Court of Appeals affirmed the District Court and the Bankruptcy Court's decision that certain "Investment Agreements" were not "Purchased Assets" assigned to Spyglass Media Group,...

Judge(s):

AMBRO, KRAUSE, and PHIPPS

Tag(s):

• 3rd Circuit
• Bankruptcy Process and Procedure
• Asset Sales
• Executory Contracts/Leases
• 11 U.S.C. 365
• 11 U.S.C. 363

In re Orexigen Therapeutics, Inc.

• Summarized by Daniel Waxman , KEWA Financial Inc.
• 3 years 9 months ago

Citation:

20-1136 (3rd Circuit, Mar 19,2021) Published

Case Status:

Affirmed

Ruling:

"Mutuality," as that term is used in 553 of the Bankruptcy Code, is a distinct statutory requirement that cannot be expanded by contractual or state law concepts of setoff. "Mutuality" means only...

Judge(s):

Jordan, Krause, and Restrepo

Tag(s):

• 3rd Circuit
• Bankruptcy Process and Procedure
• Asset Sales
• Claims
• Professional Practice Areas
• Health Care
• 11 USC 553

In re Tribune Company

• Summarized by Eduardo Glas , Law Office of Eduardo Glas PC
• 4 years 4 months ago

Citation:

18-2909 (3rd Circuit, Aug 26,2020) Published

Case Status:

Affirmed

Ruling:

Section 1129(b)(1) of the Bankruptcy Code supplants strict enforcement of subordination agreements among creditors, and reduction of less than one percent in the recovery to a dissenting class did...

Judge(s):

Ambro, Krause, and Bibas

Tag(s):

• 3rd Circuit
• Bankruptcy Litigation
• Claims
• Plan Confirmation
• Business Reorganization
• Unsecured Trade Creditors
• Section 1129(b)(1) and Section 510 (a)

In re S.S. Body Armor Inc.

• Summarized by Thomas Horan , U.S. Bankruptcy Court, District of Delaware
• 4 years 7 months ago

Citation:

Nos. 19-2313, 19-2314, 19-2315 and 19-2316 (3rd Circuit, Jun 04,2020) Published

Case Status:

Affirmed in part and Reversed in part

Ruling:

First, the Court reversed the Bankruptcy Court's finding that appellant was entitled to a contingent fee award for objecting to a derivative action settlement and thereby improving the outcome, and...

Judge(s):

Circuit Judges Restrepo, Roth, and Fisher

Tag(s):

• 3rd Circuit
• Administrative Expense Claims
• Bankruptcy Litigation
• Claims
• Commercial Fraud
• SEC Issues
• 9019
• 503(b)(3)(D); 503(b)(4)

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