1. Home
  2. Browse Decisions
  3. F.3d
  4. 679 F.3d
  5. 679 F.3d 132 (2012)
 

IN RE HERITAGE HIGHGATE, INC.

No. 11-1889.

679 F.3d 132 (2012)

In re HERITAGE HIGHGATE, INC. and Heritage Twin Ponds, L.P., Debtors. Charles Scagliotti IRA, Frank Cortese IRA, Gerald Bowes IRA, Gary Cortese IRA, George Mee Marital Trust, Tom-Parks IRA, Pollock Family L.P., Robert Preston IRA, John Rogers, Lynne Summers Marital Trust, John R. Yaissle IRA, Yee III Trust Highgate and Robert Preston (collectively "Cornerstone Investors"), Appellants.

United States Court of Appeals, Third Circuit.

Opinion Filed: May 14, 2012.

Attorney(s) appearing for the Case

Albert A. Ciardi, III, Esq., Nicole M. Nigrelli, Esq., Ciardi Ciardi & Astin, Philadelphia, PA, for Debtors.

Joseph S. D'Amico, Jr., Esq., Douglas J. Smillie, Esq. [ARGUED], Fitzpatrick, Lentz & Bubba, Center Valley, PA, for Plaintiff-Appellant, Cornerstone Investors.

Samuel H. Israel, Esq. [ARGUED], Joshua T. Klein, Esq., Michael G. Menkowitz, Esq., Fox Rothschild, Philadelphia, PA, Michael J. Viscount, Jr., Esq., Fox Rothschild, Atlantic City, NJ, for Defendant-Appellee, Unsecured Creditors Committee.

Before: RENDELL, FISHER and CHAGARES, Circuit Judges.

OPINION OF THE COURT

RENDELL, Circuit Judge.

This appeal requires us to decide how bankruptcy courts should value collateral retained by a Chapter 11 debtor in order to determine the amount of a creditor's secured claim under 11 U.S.C. § 506(a). Appellants, a group of creditors known as the Cornerstone Investors, claim that the Bankruptcy Court erred by valuing their secured claims at zero based on an appraisal...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases