Legal Opinion

Schepis v. Burtch (In Re Pursuit Capital Management, LLC)

Court of Appeals for the Third Circuit

Decided October 24, 2017No. 16-3953PublishedCited by 21 opinions

1Opinion of the Court

OPINION OF THE COURT

JORDAN, Circuit Judge.

This case seems at first blush to be about the validity of the sale of legal claims listed as assets in a bankruptcy estate, but, at this point, it is really about whether such merits issues have been preserved for present review. The appointed Trustee reached an agreement to sell the claims to certain of the debtor’s creditors (the “Creditor Group” 1 ). After the Trustee sought court approval of the sale, the parties against whom the claims are now being asserted (the “Pursuit Parties” 2 ) objected to the sale and sought to purchase the claims…

2Cases cited18 opinions

  1. Hartford Underwriters Insurance v. Union Planters Bank, N. A.Supreme Court of the United States · 2000
  2. United States v. Leonard A. Pelullo, United States of America v. Leonard A. PelulloCourt of Appeals for the Third Circuit · 2005
  3. In Re GucciCourt of Appeals for the Second Circuit · 1997
  4. Geruschat v. Ernst Young LLP (In Re Seven Fields Development Corp.)Court of Appeals for the Third Circuit · 2007
  5. Krebs Chrysler-Plymouth, Inc., in 96-3702 v. Valley Motors, Inc., D/B/A Rea Motors Office of the U.S. Trustee Ronald J. Charapp American Auto Sales Inc., T/d/b/a Wilkinsburg Rambler, Inc. Chrysler Corporation General Motors Acceptance Corporation Benke Motors, Inc. Verona Motor Sales, Inc., Stephen I. Goldring. Krebs Chrysler-Plymouth, Inc. v. Valley Motors, Inc., D/B/A Rea Motors Office of the U.S. Trustee Ronald J. Charapp American Auto Sales Inc., T/d/b/a Wilkinsburg Rambler, Inc. Chrysler Corporation General Motors Acceptance Corporation Benke Motors, Inc. Verona Motor Sales, Inc., Stephen I. Goldring. Chrysler Corporation, in 96-3757Court of Appeals for the Third Circuit · 1998

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3Cited by21 opinions

  1. Energy Future Holdings v.Court of Appeals for the Third Circuit · 2020
  2. Imerys Talc America, Inc v.Court of Appeals for the Third Circuit · 2022
  3. Somerset Regional Water v.Court of Appeals for the Third Circuit · 2020
  4. Claridge Assocs., LLC v. Schepis (In re Pursuit Capital Mgmt., LLC)United States Bankruptcy Court, D. Delaware · 2018
  5. Boy Scouts of America and Delaware BSA LLC v.Court of Appeals for the Third Circuit · 2025

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