3rd Circuit | ABI Volo - Circuit Court opinion summaries

3rd Circuit: In re Grant-Covert

mbusenkell@gsbblaw.com — Fri, 07 Oct 2016 20:08:27 +0000

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Citation:

In re Grant-Covert, No. 16-1880 (3rd Cir. October 6, 2016)

Ruling:

Third Circuit affirmed District Court's ruling that creditor had demonstrated standing to request relief from the automatic stay.

Judge(s):

Vanaskie, Scirica and Fuentes

3rd Circuit: U.S.A. v. Free

VHAMILTON@SILLSCUMMIS.COM — Fri, 07 Oct 2016 21:00:07 +0000

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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 pecuniary loss incurred or intended to be incurred should be reflected in ...

Judge(s):

Fuentes (author), Shwartz, and Restrepo, C.J.

3rd Circuit: Rosenberg v DVI Receivables

DWAXMAN@WYATTFIRM.COM — Mon, 29 Aug 2016 20:39:31 +0000

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Citation:

Rosenberg v. DVI Receivables XVII, LLC, Case No. 15-2622 (3rd Cir. Aug. 29, 2016)

Ruling:

Section 303(I) of the Bankruptcy Code does not preempt state law claims of non-debtors predicated on the filing of an involuntary bankruptcy petition. The opinion, however, expressly disclaimed any ruling on whether similar claims filed by a debtor would ...

Judge(s):

Ambro, Jordan, and Scirica

3rd Circuit: Rosenberg v DVI Receivables

DBANKER@LOWENSTEIN.COM — Mon, 29 Aug 2016 20:40:16 +0000

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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. The United States Court of Appeals for the Third Circuit ...

Judge(s):

AMBRO, JORDAN and SCIRICA, Circuit Judges

3rd Circuit: New York House Authority v. G-I Holdings, Inc. (In re G-I Holdings Inc.)

VHAMILTON@SILLSCUMMIS.COM — Mon, 18 Jul 2016 21:40:51 +0000

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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No. 15-2164 (3d Cir. July 18, 2016) (Not Precedential)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 Torwico Elec., Inc., 8 F.3d 146 (3d ...

Judge(s):

Smith (author), Roth, and Rendell

3rd Circuit: In re Jarusik

mbusenkell@gsbblaw.com — Mon, 13 Jun 2016 21:53:40 +0000

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Citation:

In re Jarusik, No. 15-3262 (3d Cir. June 10, 2016)

Ruling:

The Third Circuit found that the District Court properly concluded that appellants' appeal from the Bankruptcy Court was untimely under rule 8002(a)(1) of the Federal Rules of Bankruptcy Procedures because it was not brought within 14 days of the entry ...

Judge(s):

Fuentes, Krause and Scirica

3rd Circuit: Tehrani v. Walters

UTLIK.GEORGE@ARENTFOX.COM — Fri, 20 May 2016 20:41:20 +0000

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Citation:

Tehrani v. Walters, Case No. 15-2317 (3d Cir. May 20, 2016) (not precedential)

Ruling:

Affirming the decision of the United States District Court for the District of New Jersey ("District Court") and holding that the District Court did not err in (a) rejecting the debtors' allegations of bias and (b) finding that the United ...

Judge(s):

McKee, Ambro, Scirica

3rd Circuit: Slobodian v. I.R.S

DBANKER@LOWENSTEIN.COM — Wed, 11 May 2016 21:42:47 +0000

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Citation:

No. 15-2833 (3d Cir. May 10, 2016)

Ruling:

Five alleged preferential transfers made by Net Pay (a payroll processor) to the IRS, on behalf of five different clients, were not avoidable under 11 U.S.C. § 547(b) of the Bankruptcy Code. Four of the five payments were not ...

Judge(s):

SMITH and HARDIMAN, Circuit Judges

3rd Circuit: In re Energy Future Holdings Corp. et al.

DWAXMAN@WYATTFIRM.COM — Wed, 11 May 2016 21:30:36 +0000

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Citation:

In re Energy Future Holdings Corp., Case No. 15-1591 (3d Cir. May 4, 2016)

Ruling:

1. The use of a "tender offer" to solicit a settlement, subject to bankruptcy court approval, is permissible if the "tender offer" is appropriately structured. 2. A settlement outside of the plan-confirmation context need not comply with the Bankruptcy ...

Judge(s):

Greenaway Jr., Vanaskie, and Shwartz

3rd Circuit: World Imports, Ltd., et al. v. OEC Group New York (In re World Imports Ltd. et al.)

VHAMILTON@SILLSCUMMIS.COM — Wed, 20 Apr 2016 20:45:49 +0000

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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 goods may be held to secure the payment of prior shipments. ...

Judge(s):

McKee, Chief Judge; Jordan (author) and Vanaskie, Circuit Judges

3rd Circuit: In re Trump Entertainment Resorts

eworenklein — Wed, 20 Jan 2016 21:02:20 +0000

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Citation:

In re Trump Entertainment Resorts, et al., Case No. 14-4807 (3d Cir. Jan. 15, 2016)

Ruling:

The Third Circuit Court of Appeals affirmed the Delaware Bankruptcy Court's decision, 519 B.R. 76 (Bankr.D.Del. 2014), applying section 1113 of the Bankruptcy Code to allow the Debtors to reject a collective bargaining agreement (“CBA”) despite the expiration of the ...

Judge(s):

Schwartz, Scirica and Roth

3rd Circuit: Sikirica v. Wettach (In re Wettach)

wmcneal@becket-lee.com — Wed, 20 Jan 2016 20:57:05 +0000

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Citation:

Sikirica v. Wettach (In re Wettach), No. 14-3140, slip op. (3d Cir. Jan. 20, 2016)

Ruling:

The district court's (W.D. Pa.) affirmance of the bankruptcy court's (Bankr. W.D. Pa.) decision is affirmed. According to the appellate review, the bankruptcy court correctly imposed on the Chapter 7 Trustee the burden of persuasion to show as constructively fraudulent ...

Judge(s):

Benton, Sentelle, and Gilman, JJ. (The Honorable Duane Benton, Circuit Judge of the Eighth Circuit Court of Appeals, the Honorable David Bryan Sentelle, Senior Circuit Judge of the District of Columbia Court of Appeals, and the Honorable Ronald Lee Gilman, Senior Circuit Judge of the Sixth Circuit Court of Appeals, sitting by designation.)

3rd Circuit: In re Revel AC, Inc., et al.

mbusenkell@gsbblaw.com — Fri, 09 Oct 2015 18:05:12 +0000

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Citation:

In re Revel AC, Inc., et al. (3d Cir. 15-1253, Sept. 30, 2015)

Ruling:

Third Circuit reversed the District Court's denial of IDEA Boardwalk, LLC's ("IDEA") motion for stay pending appeal with respect to the portion of the Bankruptcy Court's sale order that allowed the debtor, Revel AC, Inc. ("Debtor") to sell its casino ...

Judge(s):

Ambro, Schwartz and Krause

3rd Circuit: In re Caribbean Petroleum Corp.

gguest@dickinsonwright.com — Tue, 06 May 2014 20:35:28 +0000

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Citation:

In re Caribbean Petroleum Corp., Case No. 13-2326 (3d Cir. May 6, 2014) [NOT PRECEDENTIAL]

Ruling:

The Bankruptcy Court correctly applied § 502(e)(1)(B) in disallowing a claimant's contingent contribution claims against the debtors. Nothing in the text of § 502(e)(1)(B) suggests that the Bankruptcy Court is prohibited from disallowing claims in a post-confirmation context or ...

Judge(s):

JORDAN, VANASKIE, and GREENBERG

3rd Circuit: In re ICL Holding Company, Inc., et al

VHAMILTON@SILLSCUMMIS.COM — Mon, 14 Sep 2015 21:09:13 +0000

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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 grant any effectual relief. Although prospect of recovery is remote, it is not ...

Judge(s):

Ambro (author), Fuentes, Roth