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Publication Date: 2024-03-26
Practice Area: Bankruptcy
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Matey
Attorneys: For plaintiff:
for defendant:
Case Number: 23-2036
Jersey City appealed the bankruptcy court's order.
Publication Date: 2024-02-05
Practice Area: Bankruptcy
Industry: Energy
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Porter
Attorneys: For plaintiff: George A. Barton, Barton and Burrows, LLC, Mission, KS for appellants.
for defendant: Duston K. McFaul, Maegan Quejada, Sidley Austin LLP, Houston, TX; Robert S. Velevis, Sidley Austin LLP, Dallas, TX; Robert S. Brady, Edmon L. Morton, Kenneth J. Enos, Joseph M. Mulvihill, Young Conaway Stargatt & Taylor, Wilmington, DE; Ana Alfonso, Willkie Farr & Gallagher, New York, NY; John H. Knight, Amanda R. Steele, Richards Layton & Finger, Wilmington, DE for appellees.
Case Number: 22-1729
Lower courts erroneously dismissed adversary complaint of property owners to recover improperly withheld oil and gas royalties where property owners, not extractor, had an equitable interest in the funds, and thus a constructive trust was an appropriate mechanism for relief.
Publication Date: 2023-12-18
Practice Area: Bankruptcy
Industry: Energy | Mining and Resources
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Porter
Attorneys: For plaintiff: George A. Barton, Barton and Burrows LLC, Mission, KS for appellants.
for defendant: Duston K. McFaul, Maegan Quejada, Sidley Austin LLP, Houston, TX; Robert S. Velevis, Sidley Austin LLP, Dallas, TX; Robert S. Brady, Edmon L. Morton, Kenneth J. Enos, Joseph M. Mulvihill, Young Conaway Stargatt & Taylor LLP. Wilmington, Delaware; Ana Alfonso, Willkie Farr & Gallagher LLP, New York, NY; John H. Knight, Amanda R. Steele, Richards Layton & Finger, Wilmington, DE for appellees.
Case Number: 22-1729
Wrongfully retained mineral royalties were not part of a debtor's estate where applicable state law granted lessors a property interest proceeds, meaning debtor had no equitable interest in the funds.
Publication Date: 2023-07-24
Practice Area: Bankruptcy
Industry: Financial Services and Banking | Construction | Manufacturing
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Rendell
Attorneys: For plaintiff: Matthew Beebe, Meluney Alleman & Spence, Lewes, DE; James M. Sullivan, Windels Marx Lane & Mittendorf, New York, NY for appellant.
for defendant: Kasey H. DeSantis, Neal J. Levitsky, Fox Rothschild, Wilmington, DE for appellee.
Case Number: 22-2532
Bankruptcy court correctly denied untimely motion to reopen bankruptcy case to file complaint challenging the dischargeability of debt on grounds of fraudulent transfer where the rules provided inflexible deadlines for the motion due to the limited exceptions under which bankruptcy courts could enlarge the time to file.
Publication Date: 2023-05-23
Practice Area: Bankruptcy
Industry: Transportation
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Rendell
Attorneys: For plaintiff:
for defendant:
Case Number: 22-2217
Court dismissed appeal from denial of motion to certify question to state supreme court since the order denying the motion was interlocutory.
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Authors: Gary L. Brown
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Publication Date: 2023-04-03
Practice Area: Bankruptcy
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Ambro
Attorneys: For plaintiff:
for defendant:
Case Number: 21-ap-03032
The court ordered the clerk to file an amended precedential opinion, which changed or added certain text in the opinion but did not materially revise it in any way.
Publication Date: 2023-03-06
Practice Area: Bankruptcy
Industry: Construction
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Sanchez
Attorneys: For plaintiff:
for defendant:
Case Number: 22-854
Bankruptcy court properly found creditor not in contempt of discharge order where creditor was not informed of bankruptcy and debtor's post-discharge efforts to pay off the debt created reasonable basis for creditor to believe debt had not been discharged. Order of the bankruptcy court affirmed.
Publication Date: 2023-02-07
Practice Area: Bankruptcy
Industry: Energy
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Freeman
Attorneys: For plaintiff:
for defendant:
Case Number: 22-1807
The court affirmed the District Court's order affirming the Bankruptcy Court's enforcement order and reconsideration order on the grounds that the Bankruptcy Court had jurisdiction under 28 U.S.C. § 157 (b)(2)(L), (N), which affords the bankruptcy court with jurisdiction over the confirmation of plans and orders approving the sale of property as well as the fact that the parties were bound to a sales agreement, which clearly served as consent to the Sale approved by the Bankruptcy Court
Publication Date: 2023-01-31
Practice Area: Bankruptcy | Mass Torts
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Ambro
Attorneys: For plaintiff:
for defendant:
Case Number: 22-2005
Plaintiffs appealed the denial of their motions to dismiss debtor's bankruptcy case.
Publication Date: 2023-01-30
Practice Area: Bankruptcy
Industry: Financial Services and Banking | Energy
Court: U.S. District Court for Pennsylvania - Western
Judge: District Judge Haines
Attorneys: For plaintiff:
for defendant:
Case Number: 3-22-cv-39
Bankruptcy court properly dismissed appellants' fourth amended adversary complaint and denied leave to file a fifth amended adversary complaint alleging fraudulent transfer for failure to state a claim and for failing to address appellee's futility argument, Affirmed.
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