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Summaries by Valerie Hamilton
- Citation:
- 18-1109 (3rd Circuit, Sep 13,2018) Published
- Case Status:
- Affirmed
- Ruling:
- Majority holds the bankruptcy court did not abuse its discretion to reconsider its prior order, entered a year earlier, approving a break-up fee under a merger agreement. The order approving the...
- Judge(s):
- Greenaway, Jr. (author for majority), Fuentes, and Rendell (dissenting)
- Tag(s):
-
- Citation:
- 17-2522 (3rd Circuit, Aug 20,2018) Published
- Case Status:
- Affirmed
- Ruling:
- Bankruptcy court's order dismissing adversary proceeding as barred by plan releases is affirmed. A confirmed plan is res judicata as to all issues decided or which could have been decided at...
- Judge(s):
- Smith, Hardiman and Bibas (author)
- Tag(s):
-
- Citation:
- 16-2203 (3rd Circuit, Aug 04,2017) Published
- Case Status:
- Affirmed
- Ruling:
- Affirms entry of summary judgment in favor of debtor/company in WARN Act class action suit & adopts 5th Circuit ruling in Halkias v. Gen'l Dynamics Corp. that mass layoffs must be probable, not...
- Judge(s):
- Krause (author), Fisher, Greenberg
- Tag(s):
-
- Citation:
- 16-2167 (3rd Circuit, Jun 06,2017) Not Published
- Case Status:
- Affirmed
- Ruling:
- Appellate standing in bankruptcy is limited to “persons aggrieved” by an order of the bankruptcy court. Appeals are limited to persons ‘whose rights or interests are directly and adversely...
- Judge(s):
- SMITH, Chief Judge (author), JORDAN and ROTH
- Tag(s):
-
- Citation:
- 16-1867 (3rd Circuit, Apr 10,2017) Published
- Case Status:
- Affirmed
- Ruling:
- Section 362(k)(1) provides "an individual injured by any willful violation of [the automatic] stay shall recover actual damages, including costs and attorneys' fees and, in appropriate...
- Judge(s):
- Fisher, Krause, and Melloy (sitting by designation)
- Tag(s):
-
- Citation:
- 16-1679 (3rd Circuit, Mar 17,2017) Not Published
- Case Status:
- Affirmed
- Ruling:
- Third Circuit affirmed district court's adoption of bankruptcy court's recommendation to enter judgment in favor of two inside directors where trustee failed to prove they breached their fiduciary...
- Judge(s):
- Ambro (author), Vanaskie and Scirica
- Tag(s):
-
- Citation:
- Case No. 15-2939 (3d Cir. Oct. 6, 2016)
- Ruling:
- Reversed and remanded. Under the federal Sentencing Guidelines, "loss" must reflect the actual pecuniary loss incurred, or which a defendant intended to incur, through bankruptcy fraud. Only...
- Judge(s):
- Fuentes (author), Shwartz, and Restrepo, C.J.
- Tag(s):
-
- 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):
-
- 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):
-
- 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):
-
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