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Summaries by Stephen Falanga
- Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
- 1 year 8 months ago
- Citation:
- No. 23-2897 (3rd Circuit, Jun 18,2024) Not Published
- Case Status:
- Affirmed
- Ruling:
- In this non-precedential per curiuam opinion, the Third Circuit affirmed the decision of the District Court dismissing the pro se debtor, William Kaetz's, complaint against a student loan servicer...
- Judge(s):
- JORDAN, RESTREPO, and FREEMAN, Circuit Judges
- Tag(s):
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- Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
- 1 year 8 months ago
- Citation:
- No. 23-2965 (7th Circuit, Jun 03,2024) Not Published
- Case Status:
- Affirmed
- Ruling:
- Finding that the text of Illinois’ version of the Uniform Fraudulent Transfer Act set up multiple ways in which a business can be insolvent for purposes of fraudulent transfer liability, the...
- Judge(s):
- EASTERBROOK, JACKSON-AKIWUMI and LEE
- Tag(s):
-
- Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
- 1 year 10 months ago
- Citation:
- 23-457-bk (2nd Circuit, Apr 25,2024) Not Published
- Case Status:
- Affirmed
- Ruling:
- In this non-precedential Summary Order, based on principles of res judicata, the Second Circuit affirmed the decision of the District Court affirming the decision of the Bankruptcy Court that...
- Judge(s):
- Parker, Loheir, Jr. and Nathan
- Tag(s):
-
- Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
- 1 year 11 months ago
- Ruling:
- In a non-precedential opinion, the Third Circuit held that, under Texas law, a landlord and tenant-assignee cannot amend a lease to increase the tenant-assignor’s liability under the lease unless...
- Judge(s):
- JORDAN, ROTH and AMBRO, Circuit Judges
- Tag(s):
-
- Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
- 1 year 12 months ago
- Citation:
- No. 23-1251 (3rd Circuit, Feb 29,2024) Not Published
- Case Status:
- Affirmed
- Ruling:
- In non-precedential opinion, the Third Circuit affirmed the bankruptcy court's decision to reject an individual pro se Debtor's proposed structured dismissal and instead dismiss the Debtor's...
- Judge(s):
- BIBAS, PORTER, and MONTGOMERY-REEVES
- Tag(s):
-
- Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
- 2 years 3 weeks ago
- Citation:
- No. 23-1358 (3rd Circuit, Feb 01,2024) Not Published
- Case Status:
- Affirmed
- Ruling:
- Because the Debtor's own actions and statements to his creditor obscured the applicability of the discharge order from his prior bankruptcy - which did not list or disclose the debtor's debt owed...
- Judge(s):
- JORDAN, ROTH., and AMBRO, Circuit Judges
- Tag(s):
-
- Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
- 2 years 3 weeks ago
- Ruling:
- The Court clarifies standards a court must apply when deciding civil action abstention motions in deference to a pending foreign bankruptcy proceeding. First, the court must find the civil action...
- Judge(s):
- CHAGARES, HARDIMAN and FREEMAN
- Tag(s):
-
- Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
- 6 years 1 month 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
- 8 years 4 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):
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- Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
- 8 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):
-
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