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Xtreme Caged Combat v. Zarro

Publication Date: 2021-03-08
Practice Area: Bankruptcy
Industry: Real Estate
Court: Superior Court
Judge: Judge Colins
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0255

Trial court properly granted one defendant's motion for a compulsory nonsuit but erred in granting other defendant's motion in plaintiff's action under the Pennsylvania Uniform Fraudulent Transfer Act because evidence failed to show a fraudulent transfer as to one defendant but was sufficient for a jury to find that debtor gave the second gym to friend for no consideration. Affirmed in part, vacated in part.
In re: Washington Mut., Inc.

Publication Date: 2021-02-24
Practice Area: Bankruptcy
Industry: Financial Services and Banking | Investments and Investment Advisory
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Fisher
Attorneys: For plaintiff:
for defendant:
Case Number: D69304

District court properly affirmed bankruptcy court's overruling of preferred securities class member's objection to settlement where examination of the merits demonstrated that liquidating trust properly negotiated and entered into the settlement.
LandSource Cmtys. Dev. LLC v. Citizens Against Corporate Crime, LLC

Publication Date: 2020-12-16
Practice Area: Bankruptcy
Industry: Real Estate
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Rendell
Attorneys: For plaintiff:
for defendant:
Case Number: D69227

The bankruptcy court properly reopened a case for the purpose of interpreting and enforcing its confirma-tion order, and it correctly concluded that certain parties had signed a broad release, so they were barred from pursuing other litigation relating to the bankruptcy claims.
In re: Wilton Armetale, Inc.

Publication Date: 2020-08-17
Practice Area: Bankruptcy
Industry: Distribution and Wholesale
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Bibas
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0885

Once a bankruptcy trustee unequivocally relinquished statutory authority to bring a derivative legal claim, the right to pursue that claim would flow back to the creditors. Order of the district court vacated, case remanded.
Mumma v. Double M Dev.

Publication Date: 2020-04-20
Practice Area: Bankruptcy
Industry: Mining and Resources | Real Estate
Court: U.S. District Court for Pennsylvania - Middle
Judge: District Judge Wilson
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0417

Trustee, creditor and purchaser of property at public auction moved to dismiss appellant's challenge to sale of property approved by bankruptcy court as part of chapter 7 bankruptcy and court found all the elements of the statutory mootness analysis were met. Motions granted.
Ocwen Loan Servicing, LLC v. Winnecour

Publication Date: 2020-04-13
Practice Area: Bankruptcy
Industry: Financial Services and Banking
Court: U.S. District Court for Pennsylvania - Western
Judge: District Judge Ranjan
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0393

Loan servicer appealed bankruptcy court's order enjoining it from seeking any additional fees, costs and expenses throughout the life of the case and court found it could not discern from the record whether or not the order was sanctions. Vacated and remanded.
In re: Somerset Reg'l. Water Res., LLC

Publication Date: 2020-02-24
Practice Area: Bankruptcy
Industry: Financial Services and Banking | Mining and Resources
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Bibas
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0195

Bankruptcy court correctly concluded that entire tax refund received in calendar year was pledged as collateral, as opposed to only that portion of the refund generated by the tax year's income, as lender would not have loaned money but for pledge of full tax refund. Order of the district court affirmed.
In re Millennium Lab Holdings II, LLC.

Publication Date: 2020-01-13
Practice Area: Bankruptcy
Industry: Federal Government | Health Care | Investments and Investment Advisory
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Jordan
Attorneys: For plaintiff:
for defendant:
Case Number: 20-0014

District court properly found bankruptcy court had the constitutional authority to confirm a chapter 11 reorganization plan containing non-consensual third-party releases and injunctions because under the facts of this case, bankruptcy court's conclusion that the release provisions were integral to the restructuring were well-reasoned and well-supported by the record. Affirmed.
In re: HomeBanc Mortgage Corp.

Publication Date: 2020-01-06
Practice Area: Bankruptcy
Industry: Financial Services and Banking | Investments and Investment Advisory
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Smith
Attorneys: For plaintiff:
for defendant:
Case Number: 19-1515

Adversary proceeding arising from liquidation of securities dismissed where party had contractual right and broad discretion to value securities via auction, and properly did so where market conditions could support an auction and reasonable auction procedures were utilized. Summary judgment affirmed.
In re: Odyssey Contracting Corp.

Publication Date: 2019-12-23
Practice Area: Bankruptcy
Industry: Construction
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Ambro
Attorneys: For plaintiff:
for defendant:
Case Number: 19-1481

Losing party in adversary proceeding had waived appellate rights in stipulation that provided that claims would be withdrawn and that the proceedings would be finally concluded in all respects upon the judgment of the bankruptcy court. Order of the district court affirmed.

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