Recently in Bankruptcy Law Category

In debtors' bankruptcy proceedings for defaulting on their loan, ruling upholding the bankruptcy court's grant of summary judgment to the creditors and its denial of debtors' motion to amend is affirmed where: 1) the Rooker-Feldman doctrine precluded the bankruptcy court's jurisdiction over debtors' rescission claim because that claim was inextricably intertwined with a Court of Common Pleas' foreclosure judgment; 2) there was an adequate basis for summary judgment on the Truth in Lending Act damages claim, specifically, that debtors failed to create a genuine issue of material fact as to whether they had prior title insurance in connection with the loan; and 3) the bankruptcy court did not abuse its discretion in denying debtor's motion to amend as it was untimely.   

Read In re: Madera, No. 08-2205

Appellate Information

On Appeal from the United States District Court for the Eastern District of Pennsylvania

(D.C. No. 2-07-cv-01396)  

District Judge: Honorable Knoll Gardner

Opinion Filed November 12, 2009

Judges

Before:  Sloviter, Fuentes, and Hardiman, Circuit Judges

Opinion by Sloviter, Circuit Judge 

Counsel

Counsel for Appellant:  David A. Scholl

Counsel for Appellee:  Sandhya M. Feltes

District court's judgment is affirmed to the extent it affirms the Bankruptcy Court's determination that Wawel did not waive its security interest in JTTT's accounts receivable.  District court's holding that Yale did not act in good faith and therefore cannot be a holder in due course or a purchaser of instruments is vacated and remanded.  

Read Wawel Savings Bank v. Jersey Tractor Trailer Training, Inc. , No. 08-3471

Appellate Information

On Appeal from the United States District Court for the District of New Jersey (D.C. Civil No. 07-cv-05853)

District Judge: Honorable Mary L. Cooper

Argued June 26, 2009
Opinion Filed September 1, 2009

Judges

Before: Barry, Smith, Circuit Judges, and DuBois, District Judge.
Opinion by Circuit Judge Barry

Counsel

Counsel for Appellant: Cory M. Gray, Greenberg Traurig  

Counsel for Appellee: Thomas P. Monahan, Jr.,

IN RE: MELINDA HANDEL

In an appeal from an order discharging Debtor's debt to Plaintiff law firm, the order is affirmed, where the government had not waived its sovereign immunity for attorney's fee claims in social security disputes, and thus Defendant Social Security Administration was not liable for the fees incurred by Debtor.

Read Binder & Binder, P.C. v. Handel, No. 08-2137.

Appellate Information

On Appeal of a Decision of the United States District Court for the District of New Jersey (No. 2:07-02588 (DMC) District Judge: Dennis M. Cavanaugh
Submitted under Third Circuit L.A.R. 34.1(a) on January 13, 2009
Filed: February 18, 2009)

Judges

Before: SLOVITER and BARRY, Circuit Judges, and POLLAK, District Judge. Honorable Louis H. Pollak, Senior Judge of the United States District Court for the Eastern District of Pennsylvania, sitting by designation.
Opinion by POLLAK, District Judge.

Counsel

Jeffrey Herzberg, Zinker & Herzberg, Attorney for Appellants.

Anthony J. LaBruna, Office of United States Attorney, Attorney for Appellee Comm'r of Social Security.

Allen B. Gillman, Attorney for Appellee Melinda Handel.