In re Energy Future Holdings Corp.

• Summarized by Ryan Heilman , Heilman Law PLLC
• 4 years 10 months ago

Citation:

19-1430 (3rd Circuit, Mar 18,2020) Published

Case Status:

Affirmed

Ruling:

The Third Circuit affirmed the Bankruptcy Court's ruling confirming Debtors' plan that did not include a 524(g) trust for latent asbestos claims, holding that applying Rule 3003(c)(3) complies with...

Judge(s):

KRAUSE and MATEY (Circuit Judges) and ALEJANDRO (District Judge sitting by designation)

Tag(s):

• 3rd Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Plan Confirmation
• Professional Practice Areas
• Business Reorganization
• Mass Torts
• Rule 3003(c)(3)
• 11 U.S.C. § 524(g); 11 U.S.C. § 524(g)

In re Somerset Regional Water Resources LLC

• Summarized by Ryan Heilman , Heilman Law PLLC
• 4 years 10 months ago

Citation:

19-1874 (3rd Circuit, Feb 11,2020) Published

Case Status:

Affirmed

Ruling:

Where the sole owner of a bankruptcy company pledged his "2015 Federal tax refund" as collateral for a debtor-in-possession loan in a Chapter 11 case, the Third Circuit affirmed the bankruptcy...

Judge(s):

AMBRO, KRAUSE, and BIBAS

Tag(s):

• 3rd Circuit
• Venue/Jurisdiction
• Finance and Banking
• 28 U.S.C. §157(b)

Wells Fargo v. Bear Stearns Co Inc

• Summarized by Eduardo Glas , Law Office of Eduardo Glas PC
• 5 years 2 weeks ago

Citation:

18-2887 (3rd Circuit, Dec 24,2019) Published

Case Status:

Affirmed

Ruling:

(1) A Bankruptcy Court's determination of good faith regarding an obligatory post-default valuation of collateral receives mixed review on appeal. Factual findings are reviewed for clear error...

Judge(s):

Smith, McKee and Phipps

Tag(s):

• 3rd Circuit
• Automatic Stay
• Bankruptcy Litigation
• Valuation
• Finance and Banking
• Sections 101(47)(A)(v); 559; 562

In re Millennium Lab Holdings LLC

• Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
• 5 years 1 week ago

Citation:

No. 18-3210 (Precedential) (3rd Circuit, Dec 19,2019) Published

Case Status:

Affirmed

Ruling:

The Third Circuit held the Bankruptcy Court had constitutional authority to confirm a reorganization plan containing third party releases of RICO/fraud claims by a lender against the debtor's...

Judge(s):

CHAGARES, JORDAN, and RESTREPO

Tag(s):

• 3rd Circuit
• Bankruptcy Process and Procedure
• Claims
• Fraud
• Plan Confirmation
• Practice and Procedure
• Venue/Jurisdiction
• Professional Practice Areas
• Business Reorganization
• Finance and Banking
• 11 U.S.C. §1129; 28 U.S.C. § 157; 28 28 U.S.C. § 1334; Stern v. Marshall
• 564 U.S. 462
• 497 (2011)

LL Painting Co., Inc. v. Odyessy Contracting Corp

• Summarized by David Banker , Womble Bond Dickinson
• 5 years 4 weeks ago

Citation:

UNITED STATES COURT OF APPEALS Case Nos. 19-1150 & 19-1151 (3rd Circuit, Dec 12,2019) Published

Case Status:

Affirmed

Ruling:

The debtor waived its right to appeal the Bankruptcy Court's decision by entering into a stipulation that was silent as to appeals and provided that if the Bankruptcy Court determined that debtor...

Judge(s):

Ambro, Circuit Judge

Tag(s):

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

In re Joy Denby Peterson

• Summarized by Eduardo Glas , Law Office of Eduardo Glas PC
• 5 years 2 months ago

Citation:

18-3562 (3rd Circuit, Oct 28,2019) Published

Case Status:

Affirmed

Ruling:

A secured creditor's refusal to return collateral repossessed pre-petition immediately upon notice of the debtor's bankruptcy filing does not constitute a violation of the automatic stay because...

Judge(s):

McKee, Shwartz, and Fuentes

Tag(s):

• 3rd Circuit
• Bankruptcy Process and Procedure
• Automatic Stay
• Bankruptcy Litigation
• Consumer Bankruptcy
• Rule 7001
• Sections 362; 542

In re Health Care Real Estate Partners

• Summarized by Bradley Pearce , Pearce Law PLLC
• 5 years 2 months ago

Citation:

18-3267 (3rd Circuit, Oct 22,2019) Published

Case Status:

Reversed and Remanded

Ruling:

A bankruptcy court does not have authority to prohibit a debtor from bringing a claim for damages under 11 U.S.C. § 362(k). Section 362(k) creates a private cause of action.

Judge(s):

CHAGARES, GREENAWAY, JR., and GREENBERG

Tag(s):

• 3rd Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Venue/Jurisdiction
• 362(k)

Hackler & Stelzle-Hackler v. Arianna Holdings Company, LLC (In re Hackler & Stelzle-Hacker)

• Summarized by Hale Lake , Hinshaw & Culbertson LLP
• 5 years 3 months ago

Citation:

18-1650 (3rd Circuit, Sep 12,2019) Published

Case Status:

Affirmed

Ruling:

Affirmed district court and bankruptcy court ruling voiding a transfer of real estate title conducted via the New Jersey tax foreclosure proceedings as preferential under 11 U.S.C 547(b). The Court...

Judge(s):

McKee, Porter and Roth

Tag(s):

• 3rd Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Preferences
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• 11 U.S.C. § 547

IN RE: SMITH

• Summarized by Ryan Heilman , Heilman Law PLLC
• 6 years 1 week ago

Citation:

No. 18-3000 (3rd Circuit, Dec 17,2018) Not Published

Case Status:

Affirmed

Ruling:

The Third Circuit Court of Appeals affirmed the conversion of Debtor's Chapter 13 case to a Chapter 7 case. The Debtor debts exceeded the amounts set forth in 11 U.S.C. § 109(e). The Debtor did...

Judge(s):

AMBRO, KRAUSE and PORTER

Tag(s):

• 3rd Circuit
• Practice and Procedure
• Consumer Bankruptcy
• Consumer Debt
• Mortgage
• 11 U.S.C. § 109(e)

IN RE: TH PROPERTIES

• Summarized by Nascine Howell , Seyfarth Shaw LLP
• 6 years 1 week ago

Citation:

No. 17-1922 (3rd Circuit, Nov 28,2018) Not Published

Case Status:

Reversed and Remanded

Ruling:

The Third Circuit Court of Appeals vacated the district court’s order and remanded for further consideration, finding, in part, that the bankruptcy court and district court erred when they found...

Judge(s):

Ambro, Restrepo, and Fuentes, Circuit Judges

Tag(s):

• 3rd Circuit
• Bankruptcy Process and Procedure
• Claims
• Professional Compensation/Fees

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