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Summaries by Eduardo Glas

In re Tribune Company

Citation:
18-2909 (3rd Circuit, Aug 26,2020) Published
Case Status:
Affirmed
Ruling:
Section 1129(b)(1) of the Bankruptcy Code supplants strict enforcement of subordination agreements among creditors, and reduction of less than one percent in the recovery to a dissenting class did...
Judge(s):
Ambro, Krause, and Bibas
Tag(s):

Wells Fargo v. Bear Stearns Co Inc

Citation:
18-2887 (3rd Circuit, Dec 24,2019) Published
Case Status:
Affirmed
Ruling:
(1) A Bankruptcy Court's determination of good faith regarding an obligatory post-default valuation of collateral receives mixed review on appeal. Factual findings are reviewed for clear error...
Judge(s):
Smith, McKee and Phipps
Tag(s):

In re Joy Denby Peterson

Citation:
18-3562 (3rd Circuit, Oct 28,2019) Published
Case Status:
Affirmed
Ruling:
A secured creditor's refusal to return collateral repossessed pre-petition immediately upon notice of the debtor's bankruptcy filing does not constitute a violation of the automatic stay because...
Judge(s):
McKee, Shwartz, and Fuentes
Tag(s):

Weinberg v. Scott E. Kaplan, LLC

Citation:
16-4145 (3rd Circuit, Aug 21,2017) Not Published
Case Status:
Affirmed
Ruling:
Third Circuit affirmed the dismissal by the District Court of a malpractice lawsuit brought by plaintiffs against their former chapter 11 bankruptcy attorney, on grounds that the lawsuit was barred...
Judge(s):
Greenaway, R., Shwartz, and Rendell
Tag(s):

Ashmore, Sr. v. CGI Group, Inc.

Citation:
16-1758-cv (2nd Circuit, Jun 21,2017) Not Published
Case Status:
Dismissed
Ruling:
Appeal of district court order dismissing individual plaintiff from case and allowing a bankruptcy trustee to substitute as plaintiff was dismissed for lack of appellate jurisdiction due to the...
Judge(s):
Katzmann, Pooler and Lynch
Tag(s):

In re Lehman Brothers Holdings Inc.

Citation:
16-1296; 16-1304; 16-1306; 16-1360; 16-1361; 16-1363; 16-1365; 16-1367 (2nd Circuit, May 04,2017) Not Published
Case Status:
Affirmed
Ruling:
Claims filed by Lehman employees on account of restricted stock units, giving them a contingent right to own Lehman stock after a five-year holding period, were properly subordinated to the claims...
Judge(s):
Jacobs, Sack and Carney
Tag(s):

Buchwald v. The Renco Group, Inc. (In re Magnesium Corp. of Am.)

Citation:
15-2691-bk; 15-2962-bk; 15-2971-bk (2nd Circuit, Mar 08,2017) Not Published
Case Status:
Affirmed
Ruling:
Affirmance of trial court decisions allowing jury trial, various trial rulings, and denial of new-trial motion based on compromise verdict. The cross appeal by Plaintiff on the claim that the...
Judge(s):
Reena Raggi, Raymond J. Lohier, Jr., Christopher F. Droney
Tag(s):

Ring v. First Niagara Bank, N.A. (In the Matter of Sterling United, Inc.)

Citation:
15-4131 (2nd Circuit, Dec 22,2016) Not Published
Case Status:
Affirmed
Ruling:

the Second Circuit affirmed the rulings of the bankruptcy and district courts, dismissing a case filed by a chapter 7 trustee seeking to avoid as a preference the lien of a...

Judge(s):
Calabresi, Raggi and Lynch
Tag(s):

Delaware Trust Co. v. Energy Future Intermediate Holding Co. LLC (In re Energy Future Holdings Corp.

Citation:
16-1351 (3rd Circuit, Nov 17,2016) Published
Case Status:
Reversed and Remanded
Ruling:

Provision in loan indenture calling for a redemption premium is enforceable after the debt is accelerated due to a bankruptcy filing and the debtor, during the bankruptcy proceeding, opts to...

Judge(s):
Ambro, Smith and Fisher
Tag(s):

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