Rosenberg v DVI Receivables

• Summarized by David Banker , Womble Bond Dickinson
• 8 years 4 months ago

Citation:

No. 15-2622, 3d Cir. Aug. 29, 2016

Ruling:

Section 303(i) of the Bankruptcy Code allows a former debtor to seek costs, attorneys' fees, and damages against a petitioning creditor, where a court dismisses an involuntary bankruptcy petition. ...

Judge(s):

AMBRO, JORDAN and SCIRICA, Circuit Judges

Tag(s):

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

Rosenberg v DVI Receivables

• Summarized by Daniel Waxman , KEWA Financial Inc.
• 8 years 4 months ago

Citation:

Rosenberg v. DVI Receivables XVII, LLC, Case No. 15-2622 (3rd Cir. Aug. 29, 2016)

Ruling:

Section 303(I) of the Bankruptcy Code does not preempt state law claims of non-debtors predicated on the filing of an involuntary bankruptcy petition. The opinion, however, expressly disclaimed...

Judge(s):

Ambro, Jordan, and Scirica

Tag(s):

• 3rd Circuit
• Bankruptcy Litigation

New York House Authority v. G-I Holdings, Inc. (In re G-I Holdings Inc.)

• Summarized by Valerie Hamilton , Sills Cummis & Gross PC
• 8 years 5 months ago

Citation:

No. 15-2164 (3d Cir. July 18, 2016) (Not Precedential)

Ruling:

District Court order affirmed. Governmental entity may not repackage its monetary claim as a claim for injunctive relief in order to avoid being bound by a confirmed plan. Distinguishes In re...

Judge(s):

Smith (author), Roth, and Rendell

Tag(s):

• 3rd Circuit
• Claims
• Bankruptcy Litigation
• Govt. Claims/Sovereign Immunity
• Mass Torts

In re Jarusik

• Summarized by Edward Durnil , Tranzon Asset Advisors
• 8 years 7 months ago

Citation:

In re Jarusik, No. 15-3262 (3d Cir. June 10, 2016)

Ruling:

The Third Circuit found that the District Court properly concluded that appellants' appeal from the Bankruptcy Court was untimely under rule 8002(a)(1) of the Federal Rules of Bankruptcy Procedures...

Judge(s):

Fuentes, Krause and Scirica

Tag(s):

• 3rd Circuit
• Bankruptcy Process and Procedure
• Rule 8002

Tehrani v. Walters

• Summarized by George Utlik , Capital One
• 8 years 7 months ago

Citation:

Tehrani v. Walters, Case No. 15-2317 (3d Cir. May 20, 2016) (not precedential)

Ruling:

Affirming the decision of the United States District Court for the District of New Jersey ("District Court") and holding that the District Court did not err in (a) rejecting the debtors'...

Judge(s):

McKee, Ambro, Scirica

Tag(s):

• 3rd Circuit
• Bankruptcy Process and Procedure
• Consumer Bankruptcy
• Consumer Debt
• Personal Bankruptcy Topics
• Discharge/Dischargeability
• Bankruptcy Litigation
• Court Administration
• Practice and Procedure

Slobodian v. I.R.S

• Summarized by David Banker , Womble Bond Dickinson
• 8 years 8 months ago

Citation:

No. 15-2833 (3d Cir. May 10, 2016)

Ruling:

Five alleged preferential transfers made by Net Pay (a payroll processor) to the IRS, on behalf of five different clients, were not avoidable under 11 U.S.C. § 547(b) of the Bankruptcy Code. Four...

Judge(s):

SMITH and HARDIMAN, Circuit Judges

Tag(s):

• 3rd Circuit
• Bankruptcy Process and Procedure
• Professional Practice Areas
• Bankruptcy Litigation
• Preferences
• Unsecured Trade Creditors

In re Energy Future Holdings Corp. et al.

• Summarized by Daniel Waxman , KEWA Financial Inc.
• 8 years 8 months ago

Citation:

In re Energy Future Holdings Corp., Case No. 15-1591 (3d Cir. May 4, 2016)

Ruling:

1. The use of a "tender offer" to solicit a settlement, subject to bankruptcy court approval, is permissible if the "tender offer" is appropriately structured. 2. A settlement outside of the...

Judge(s):

Greenaway Jr., Vanaskie, and Shwartz

Tag(s):

• 3rd Circuit
• Bankruptcy Litigation
• Finance and Banking

World Imports, Ltd., et al. v. OEC Group New York (In re World Imports Ltd. et al.)

• Summarized by Valerie Hamilton , Sills Cummis & Gross PC
• 8 years 8 months ago

Citation:

World Imports, Ltd., et al. v. OEC Group New York (In re World Imports Ltd. et al), Case No. 15-1498 (3d Cir. Apr. 20, 2016) (precedential)

Ruling:

Contractual agreement between common carrier and its customer to transfer an unwaived maritime lien in delivered goods to goods currently held by common carrier was enforceable. Current shipment of...

Judge(s):

McKee, Chief Judge; Jordan (author) and Vanaskie, Circuit Judges

Tag(s):

• 3rd Circuit
• Automatic Stay
• Business Reorganization
• Claims
• Bankruptcy Litigation

In re Trump Entertainment Resorts

• Summarized by Elie Worenklein , Debevoise & Plimpton LLP
• 8 years 11 months ago

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):

• 3rd Circuit
• Executory Contracts/Leases
• 1113

Sikirica v. Wettach (In re Wettach)

• Summarized by William McNeal ,
• 8 years 11 months ago

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):

• 3rd Circuit
• Consumer Bankruptcy
• Bankruptcy Litigation
• Fraudulent Transfers
• 11 U.S.C § 522
• 11 U.S.C § 548

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