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Summaries by David Banker
- Summarized by David Banker , Womble Bond Dickinson (US) LLP
- 11 months 3 weeks ago
- Ruling:
- Circuit Court affirmed Bankruptcy Court's and District Court's dismissal of claims brought by non-debtors for breach of fiduciary duty and aiding and abetting breach of fiduciary duty. These claims...
- Judge(s):
- LYNCH, CARNEY, and MENASHI, Circuit Judges.
- Tag(s):
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- Summarized by David Banker , Womble Bond Dickinson (US) LLP
- 1 year 5 months ago
- Citation:
- No. 23-2430 (3rd Circuit, Sep 05,2024) Not Published
- Case Status:
- Affirmed
- Ruling:
- Proceeds from embezzlement litigation was not collateral of a loan where the security agreement did not describe the litigation. Pennsylvania’s Article 9 of the Uniform Commercial Code ("UCC"),...
- Judge(s):
- Ambro, Circuit Judge
- Tag(s):
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- Summarized by David Banker , Womble Bond Dickinson (US) LLP
- 1 year 9 months ago
- Citation:
- 23-2549 (3rd Circuit, Apr 23,2024) Not Published
- Case Status:
- Affirmed
- Ruling:
- OPINION NOT PRECEDENTIAL - Administrative expense claim struck because mediation communications in support of the administrative expense claim were not admissible. The parties had not waived the...
- Judge(s):
- CHAGARES, Chief Judge, PORTER and SCIRICA, Circuit Judges
- Tag(s):
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- Summarized by David Banker , Womble Bond Dickinson (US) LLP
- 2 years 3 months ago
- Citation:
- 23-60-bk (2nd Circuit, Nov 22,2023) Published
- Case Status:
- Dismissed
- Ruling:
- United States Court of Appeals for the Second Circuit ruled that it did not have jurisdiction to rule on the Eastern District of New York Court's order vacating the Bankruptcy Court's entry of...
- Judge(s):
- WESLEY, CHIN, and BIANCO, Circuit Judges
- Tag(s):
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- Summarized by David Banker , Womble Bond Dickinson (US) LLP
- 6 years 2 months ago
- Citation:
- UNITED STATES COURT OF APPEALS Case Nos. 19-1150 & 19-1151 (3rd Circuit, Dec 12,2019) Published
- Case Status:
- Affirmed
- Ruling:
- The debtor waived its right to appeal the Bankruptcy Court's decision by entering into a stipulation that was silent as to appeals and provided that if the Bankruptcy Court determined that debtor...
- Judge(s):
- Ambro, Circuit Judge
- Tag(s):
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- Summarized by David Banker , Womble Bond Dickinson (US) LLP
- 7 years 2 months ago
- Citation:
- Case No. 17-3607 (UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT) (3rd Circuit, Nov 30,2018) Published
- Case Status:
- Affirmed
- Ruling:
- IDEA Boardwalk may reduce its rent obligations by certain amounts entitled to recoupment under the Lease, (1) because they “fall within the ambit of rights preserved under Code §...
- Judge(s):
- AMBRO, CHAGARES, and GREENAWAY, JR., Circuit Judges
- Tag(s):
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- Summarized by David Banker , Womble Bond Dickinson (US) LLP
- 7 years 6 months ago
- Citation:
- 17-1208 (3rd Circuit, Aug 14,2018) Published
- Case Status:
- Affirmed
- Ruling:
- The Third Circuit Court of Appeals affirmed the Bankruptcy Court in part and vacated and remanded in part. The plaintiffs' recovery under the Asbestos Lawsuits is barred because the CNA insurance...
- Judge(s):
- Ambro, Circuit Judge
- Tag(s):
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- Summarized by David Banker , Womble Bond Dickinson (US) LLP
- 8 years 10 months ago
- Citation:
- United States Court of Appeals for the Third Circuit Case No. 16-1073; (D.C. No. 2-14-cv-05267) (3rd Circuit, Apr 14,2017) Not Published
- Case Status:
- Dismissed
- Ruling:
- The plaintiff's appeal to the Court of Appeals for the Third Circuit was dismissed where the E.D.Pa. District Court's order vacating the Bankruptcy Court’s summary judgment decision and remand of...
- Judge(s):
- AMBRO, VANASKIE, and RESTREPO, Circuit Judges
- Tag(s):
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- Summarized by David Banker , Womble Bond Dickinson (US) LLP
- 9 years 2 months ago
- Citation:
- United States Court of Appeals for the Second Circuit; Case No. 16-57 (2nd Circuit, Dec 01,2016) Not Published
- Case Status:
- Affirmed
- Ruling:
- RULING BY SUMMARY ORDER (DOES NOT HAVE PRECEDENTIAL EFFECT). United States Court of Appeals for the Second Circuit held that the district court properly dismissed a Chapter 7 debtors' appeal for...
- Judge(s):
- DENNIS JACOBS, ROSEMARY S. POOLER, Circuit Judges, and GEOFFREY W. CRAWFORD, District Judge (sitting by designation)
- Tag(s):
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- Summarized by David Banker , Womble Bond Dickinson (US) LLP
- 9 years 6 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):
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