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Summaries by Michael Nestor

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 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):

SCH Corp. v. CFI Class Action Claimants

Citation:
In re SCH Corp., No. 14-2888, 2015 WL 756552 (3d Cir. Feb. 24, 2015)
Ruling:
The Third Circuit ruled that a purported settlement negotiated by the Responsible Officer with the plan funder, which added three years to a five-year plan (effectively making it an eight-year...
Judge(s):
This case was heard before Circuit Judges Cowen, Vanaskie, and Greenberg. The Opinion was authored by Judge Cowen. It was noted that this is not an opinion of the full court and pursuant to I.O.P. 5.7, does not constitute binding precedent.
Tag(s):

SB Liquidation Trust v. Preferred Bank (In re Syntax-Brillian Corp.)

Citation:
Nos. 1373 and 13-1959 (3d Cir. Aug. 11, 2014)
Ruling:
The Third Circuit held that the Bankruptcy Court erred in dismissing avoidance claims under both the Bankruptcy Code and Delaware law because there is no requirement to plead that the defendant had...
Judge(s):
Jordan, Vanaskie and Van Antwerpen (opinion by Vanaskie)
Tag(s):

Bayer Business and Technology Services v. AGR Permier Consulting, Inc.

Citation:
Bayer Bus. & Tech. Servs. V. AGR Premier Consulting, Inc. (In re AGR Premier Consulting, Inc.), No. 12-4622 (3d Cir. Jan. 4, 2014)
Ruling:
The Third Circuit reversed the decisions of the district court and the bankruptcy court, holding that the bankruptcy court abused its discretion in finding the appellant in contempt for violating a...
Judge(s):
Rendell, Jordan and Lipez, Circuit Judges
Tag(s):

Carrol v. Prosser (In re Jeffrey J. Prosser)

Citation:
Carrol v. Prosser (In re Jeffrey J. Prosser), Case No. 12-2864 (3d Cir. Aug. 1, 2013) (not precedential)
Ruling:
Affirmed judgment of the District Court. Appellant, a defendant in a fraudulent conveyance action before the District Court, moved to dismiss before the District Court prior to trial, which motion...
Judge(s):
McKee, , Chief Judge, Scirica and Vanaskie, Circuit Judges
Tag(s):

In re Michael

Citation:
In re Michael, No. 11-1992 (3d Cir. Oct. 26, 2012)
Ruling:
The Third Circuit Court of Appeals held that if, upon conversion of a Chapter 13 case to a case under Chapter 7, the Chapter 13 trustee is holding funds acquired post-petition by the debtor for...
Judge(s):
Sloviter, Ambro and Roth
Tag(s):

Split Vein Coal Co., Inc. v. Gilberton Coal Co., Inc. (In re Split Vein Coal Co., Inc.)

Citation:
Split Vein Company, Inc. v. Gilbert Coal Company, Inc., et al. (In re Split Vein Coal Company, Inc.), Case No. 11-2469 (3d Cir. June 5, 2012)
Ruling:
AFFIRMING order of district court, which affirmed order of the bankruptcy court regarding Pennsylvania state law claim for conversion that had been asserted in the context of a bankruptcy adversary...
Judge(s):
Rendell, Fuentes and Hardiman
Tag(s):

Coleman v. Chase Home Finance, LLC

Citation:
3rd Circuit Court of Appeals, No. 09-4727, Appeal from the United States District Court for the District of New Jersey, July 12, 2011
Ruling:
Dismissal by the District Court of class action complaint with prejudice pursuant to Federal Rule of Civil Procedure 12(b)(6) and the "entire controversy" doctrine did not represent an abuse of...
Tag(s):

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