Irwin Halper v. Barry Halper
Court of Appeals for the Third Circuit
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
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- In Re Pacor, Inc. v. John Higgins, Jr. And Louise HigginsCourt of Appeals for the Third Circuit · 1984
- Things Remembered, Inc. v. PetrarcaSupreme Court of the United States · 1995
- Sanders Confectionery Products, Inc. v. Heller Financial, Inc.Court of Appeals for the Sixth Circuit · 1992
- Atlantic Northern Airlines, Inc. v. SchwimmerSupreme Court of New Jersey · 1953
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