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Summaries by Stephen Falanga
- Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
- 1 month 2 weeks 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):
-
- Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
- 2 years 3 months ago
- Citation:
- No. 16-3953 (Pursuit Capital Mgmt. Fund I, L.P. v. Burtch (In re Pursuit Capital Mgmt., LLC), 2017 U.S. App. LEXIS 20889) (3rd Circuit, Oct 24,2017) Published
- Case Status:
- Affirmed
- Ruling:
- In this precedential ruling, the Third Circuit ruled that Section 363(m) moots a challenge to a trustee's sale of avoidance actions because the appellant did not obtain a stay pending appeal and a...
- Judge(s):
- JORDAN, KRAUSE, Circuit Judges and RICHARD G. STEARNS, District Judge sitting by designation
- Tag(s):
-
- Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
- 2 years 8 months ago
- Citation:
- No. 15-2222 (In re Ross, 2017 U.S. App. LEXIS 10236 (3d Cir. Pa. June 8, 2017) (3rd Circuit, Jun 06,2017) Not Published
- Case Status:
- Reversed and Remanded
- Ruling:
- A bankruptcy court has the general authority to impose a filing injunction after a chapter 13 debtor moves for voluntary dismissal under 11 U.S.C.S. § 1307(b). However, the injunction imposed...
- Judge(s):
- VANASKIE, KRAUSE, and NYGAARD
- Tag(s):
-
- Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
- 3 years 1 month ago
- Citation:
- 2017 U.S. App. LEXIS 782 (2nd Circuit, Jan 17,2017) Not Published
- Case Status:
- Reversed and Remanded
- Ruling:
- Section 316(b) of the Trust Indenture Act prohibits only non‐consensual amendments to an indenture’s core payment terms; it does not protect a creditor's practical ability to collect on...
- Judge(s):
- CABRANES, STRAUB, and LOHIER
- Tag(s):
-
- Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
- 3 years 11 months ago
- Citation:
- 2016 U.S. App. LEXIS 5787 (2d Cir. N.Y. Mar. 29, 2016)
- Ruling:
- The Second Circuit addressed two issues: (i) whether appellants are barred by the Bankruptcy Code's automatic stay provision from bringing state law, constructive fraudulent conveyance claims while...
- Judge(s):
- WINTER, DRONEY, Circuit Judges, and HELLERSTEIN, District Judge
- Tag(s):
-
- Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
- 4 years 12 months ago
- Citation:
- Nos. 14‐97‐bk(L) (August Term 2014)
- Ruling:
- The Securities Investor Protection Act, 15 U.S.C. § 78aaa, et seq. (“SIPA” or “the Act”), does not permit an inflation or interest adjustment to “net equity” claims for customer...
- Judge(s):
- STRAUB, WESLEY, and LIVINGSTON
- Tag(s):
-
- Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
- 5 years 3 weeks ago
- Citation:
- 2015 U.S. App. LEXIS 859 (2nd Cir. Jan. 21, 2015)
- Ruling:
- A secured party's authorization to file a UCC-3 termination statement of a UCC-1 Financing Statement filed under the Article 9 of the Uniform Commercial Code (UCC) is all that is required to...
- Judge(s):
- Winter, Wesley and Carney
- Tag(s):
-
- Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
- 6 years 7 months ago
- Citation:
- Lepre v. U.S. Department of Education (In re Lepre)
- Ruling:
- In a non-precedential opinion, the Third Circuit AFFIRMED the decision of the the district court below affirming the bankruptcy court's decision denying the debtor's demand for a student loan...
- Judge(s):
- FUENTES, FISHER and VANASKIE
- Tag(s):
-
- Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
- 8 years 1 month ago
- Citation:
- No. 11-1724 (3rd Cir. 2011) 2012 U.S. App. LEXIS 34
- Ruling:
- A creditor’s appeal of a bankruptcy court order confirming a chapter 11 plan of reorganization and disallowing an objection by the creditor with respect to payment of an alleged $50 million claim...
- Judge(s):
- SLOVITER , VANASKIE , Circuit Judges and Lawrence F. Stengel , United States District Court for the Eastern District of Pennsylvania, sitting by designation.
- Tag(s):
-
