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Dekhtyar v. Chernyavsky (In re Dekhtyar)

Summarizing by Bradley Pearce

In re Trump Entertainment Resorts

Citation:
In re Trump Entertainment Resorts, et al., Case No. 14-4807 (3d Cir. Jan. 15, 2016)
Ruling:
The Third Circuit Court of Appeals affirmed the Delaware Bankruptcy Court's decision, 519 B.R. 76 (Bankr.D.Del. 2014), applying section 1113 of the Bankruptcy Code to allow the Debtors to reject a...
Judge(s):
Schwartz, Scirica and Roth
Tag(s):

Sikirica v. Wettach (In re Wettach)

Citation:
Sikirica v. Wettach (In re Wettach), No. 14-3140, slip op. (3d Cir. Jan. 20, 2016)
Ruling:
The district court's (W.D. Pa.) affirmance of the bankruptcy court's (Bankr. W.D. Pa.) decision is affirmed. According to the appellate review, the bankruptcy court correctly imposed on the Chapter...
Judge(s):
Benton, Sentelle, and Gilman, JJ. (The Honorable Duane Benton, Circuit Judge of the Eighth Circuit Court of Appeals, the Honorable David Bryan Sentelle, Senior Circuit Judge of the District of Columbia Court of Appeals, and the Honorable Ronald Lee Gilman, Senior Circuit Judge of the Sixth Circuit Court of Appeals, sitting by designation.)
Tag(s):

In re Revel AC, Inc., et al.

Citation:
In re Revel AC, Inc., et al. (3d Cir. 15-1253, Sept. 30, 2015)
Ruling:
Third Circuit reversed the District Court's denial of IDEA Boardwalk, LLC's ("IDEA") motion for stay pending appeal with respect to the portion of the Bankruptcy Court's sale order that allowed the...
Judge(s):
Ambro, Schwartz and Krause
Tag(s):

In re ICL Holding Company, Inc., et al

Citation:
Case No. 14-2709 (3d Cir. Sept. 14, 2015)(PRECEDENTIAL)
Ruling:
United States Trustee's appeal from orders approving sale and settlement were not constitutionally, statutorily or equitably moot. Constitutional mootness only applies where it is impossible to...
Judge(s):
Ambro (author), Fuentes, Roth
Tag(s):

In re Tribune Media Company

Citation:
In re Tribune Media Company, Case Nos. 14-3332 and 14-3333 (3d Cir. August 19, 2015)
Ruling:
The Court determined that Aurelius’s appeal, which would undo a crucial component of the plan, the settlement of LBO related causes of action that were the economic underpinning of the plan upon...
Judge(s):
AMBRO, VANASKIE, and SHWARTZ, Circuit Judges
Tag(s):

Chavez v. Dole Food Co.

Citation:
Chavez v. Dole Food Co., Case No. 13-4144 (3d Cir. Aug. 11, 2015)
Ruling:
The United States Court of Appeals for the Third Circuit ruled that: (a) concurrent jurisdiction exists for purposes of the first-filed rule if “on the date of the filing of the second-filed...
Judge(s):
Judge Julio M. Fuentes (dissenting), Judge Joseph A. Greenaway, Jr., and Judge Richard Lowell Nygaard
Tag(s):

In re SemCrude L.P., et al.

Citation:
In re SemCrude L.P., et al., No. 14-1204, -- F.3d -- (3d Cir. Aug. 5, 2015).
Ruling:
SemCrude's former limited partners' claims against Thomas Kivisto, SemCrude's co-counder and former president and CEO, were derivative of the claims against the corporation previously asserted,...
Judge(s):
Fuentes, Fisher and Krause, C.J.
Tag(s):

U.S. Securities and Exchange Commission v. Bocchino (In re Bocchino)

Citation:
Civil No. 14-4299 (3d Cir. July 23, 2015) (Precedential)
Ruling:
The scienter requirement of Section 523(a)(2)(A) may be satisfied by grossly reckless behavior. Proof of actual intent to defraud is not required.
Judge(s):
Chagares, Krause, and Van Antwerpen (author)
Tag(s):

In re One2One Communications, LLC

Citation:
In re: One2One Commc’ns, LLC, Case No. 13-3410 (3d Cir. July 21, 2015)
Ruling:
The Third Circuit Court of Appeals ruled that the District Court abused its discretion in dismissing the appeal of a confirmed chapter 11 plan on grounds of equitable mootness.
Judge(s):
Chief Judge McKee; Judge Greenway, Jr.; and Judge Krause
Tag(s):

Official Committee of Unsecured Creditors v. CIT Group/Business Credit Inc. (In re Jevic Holding Corp.)

Citation:
Official Committee of Unsecured Creditors v. CIT Group/Business Credit Inc. (In re Jevic Holding Corp.), No. 14-1465 (3d Cir. May 21, 2015)
Ruling:
The United States Court of Appeals for the Third Circuit held where there is no showing that a structured dismissal of a chapter 11 case "has been contrived to evade the procedural protections and...
Judge(s):
Hardiman, Scirica, and Barry, Circuit Judges
Tag(s):

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