Attorney moved from a law firm representing one party in a bankruptcy dispute to the firm representing the opposing party. The ABA's Model Rules of Professional Conduct impute the attorney's...
First, the Court reversed the Bankruptcy Court's finding that appellant was entitled to a contingent fee award for objecting to a derivative action settlement and thereby improving the outcome, and...
The United States Court of Appeals for the Third Circuit affirmed the United States District Court for the Western District of Pennsylvania (the "District Court") order dismissing the Amended...
Judge(s):
Greenaway, Jr., Shwartz, Circuit Judges; and Simandle, Chief District Judge of the United States District Court for the District of New Jersey, sitting by designation
The United States District Court for the Western District of Pennsylvania erred when it held that a "named insured," as used in 40 Pa. State. § 638, only includes that who own a structure and are...
The United States Court of Appeals for the Third Circuit affirmed two orders of the United States District Court for the District of New Jersey affirming on appeal an order of the United States...
The court affirmed district court's denial of appellant's request for relief under Rule 59(e), but vacated and remanded to district court to determine whether appellant's Rule 60(b) request was...
Summarized by Thomas Horan , U.S. Bankruptcy Court, District of Delaware
10 years 10 months ago
Citation:
Official Committee of Unsecured Creditors v. CIT Group/Business Credit Inc. (In re Jevic Holding Corp.), No. 14-1465 (3d Cir. May 21, 2015)
Ruling:
The United States Court of Appeals for the Third Circuit held where there is no showing that a structured dismissal of a chapter 11 case "has been contrived to evade the procedural protections and...
Summarized by Thomas Horan , U.S. Bankruptcy Court, District of Delaware
11 years 11 months ago
Citation:
Galluzzo v. Commissioner of Internal Revenue, No. 13-3555 (3d Cir. April 24, 2014)
Ruling:
The United States Tax Court did not have jurisdiction over former debtors' tax redetermination action because the Commissioner of Internal Revenue did not mail a notice of deficiency to the debtors...
Summarized by Thomas Horan , U.S. Bankruptcy Court, District of Delaware
12 years 8 months ago
Citation:
-- F3d. --, No. 12-4047 (3d Cir. July 30, 2013)
Ruling:
The United States Court of Appeals for the Third Circuit reversed the judgment of the United States District Court for the District of Delaware, finding that the United States Bankruptcy Court for...
Summarized by Thomas Horan , U.S. Bankruptcy Court, District of Delaware
12 years 11 months ago
Citation:
In re Rodriguez, No. 12-2146 (3d Cir. April 22, 2013) (not precedential)
Ruling:
Because a chapter 13 plan confirmation order may be revoked only if such order was procured by fraud, the absence of such fraud prevents the court from reconsidering the plan confirmation order...
