Legal Opinion

Irwin Halper v. Barry Halper

Court of Appeals for the Third Circuit

Decided January 6, 1999No. 98-5093PublishedCited by 196 opinions

1Opinion of the Court

OPINION OF THE COURT

STAPLETON, Circuit Judge:

Irwin Halper appeals the District Court’s order affirming the Bankruptcy Court’s order determining that a Guaranty in favor of Irwin was void as against public policy be cause it was part of an illegal stock redemption and a fraudulent conveyance under New Jersey and federal bankruptcy law. We conclude that the District Court erroneously applied New Jersey’s contract principles in the course of finding this to be a stock redemption. We further conclude that the Bankruptcy Court lacked core proceeding jurisdiction to enter a final judgment regarding…

2Cases cited28 opinions

  1. Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
  2. In Re Pacor, Inc. v. John Higgins, Jr. And Louise HigginsCourt of Appeals for the Third Circuit · 1984
  3. Things Remembered, Inc. v. PetrarcaSupreme Court of the United States · 1995
  4. Sanders Confectionery Products, Inc. v. Heller Financial, Inc.Court of Appeals for the Sixth Circuit · 1992
  5. Atlantic Northern Airlines, Inc. v. SchwimmerSupreme Court of New Jersey · 1953

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

3Cited by196 opinions

  1. Mullarkey v. TamboerCourt of Appeals for the Third Circuit · 2008
  2. George P. Stoe v. William E. Flaherty David Carpenter James Carpenter William Smelas Robert Sunderman Ronald StatileCourt of Appeals for the Third Circuit · 2006
  3. Nuveen Municipal Trust Ex Rel. Nuveen High Yield Municipal Bond Fund v. WithumSmith Brown, P.C.Court of Appeals for the Third Circuit · 2012
  4. Schubert v. Lucent Technologies Inc. (In Re Winstar Communications, Inc.)Court of Appeals for the Third Circuit · 2009
  5. Steven Gregory Dunmore v. United States of America, Internal Revenue ServiceCourt of Appeals for the Ninth Circuit · 2004

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

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