Legal Opinion

In Re Montgomery Ward, LLC

Court of Appeals for the Third Circuit

Decided March 9, 2011No. 09-1735, 09-1736, 09-1745, 09-1746PublishedCited by 22 opinions

1Opinion of the Court

OPINION

ROTH, Circuit Judge:

Dika-Ward filed a proof of claim in Montgomery Ward’s second bankruptcy proceeding for amounts allegedly due under a mortgage and a lease. The Bankruptcy Court, ruling on the parties’ motion and cross motion for summary judgment, held that (1) Montgomery Ward was not personally liable under the mortgage, (2) Montgomery Ward had no liability for common area maintenance expenses under the lease, and (3) Montgomery Ward’s Plan Administrator was precluded from challenging whether the lease was a true lease, as this was res judicata from Montgomery Ward’s first…

2Cases cited12 opinions

  1. Taylor v. SturgellSupreme Court of the United States · 2008
  2. Martin v. WilksSupreme Court of the United States · 1989
  3. In Re Fred J. Szostek, Denise M. SzostekCourt of Appeals for the Third Circuit · 1989
  4. Nationwide Mutual Fire Insurance v. George v. Hamilton, Inc.Court of Appeals for the Third Circuit · 2009
  5. Equal Employment Opportunity Commission and Pennsylvania Human Relations Commission v. United States Steel CorporationCourt of Appeals for the Third Circuit · 1990

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3Cited by22 opinions

  1. Ecore Int'l, Inc. v. DowneyDistrict Court, E.D. Pennsylvania · 2018
  2. Zazzali v. Hirschler Fleischer, P.C.District Court, D. Delaware · 2012
  3. Timothy Ellis v. Westinghouse Electric Co LLCCourt of Appeals for the Third Circuit · 2021
  4. Taberna Preferred Funding IV, Ltd. v. Opportunities II Ltd. (In re Taberna Preferred Funding IV, Ltd.)United States Bankruptcy Court, S.D. New York · 2018
  5. In Re IrwinUnited States Bankruptcy Court, E.D. Pennsylvania · 2011

17 more not listed; retrieve them via the Exa API.

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