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U.S. Court of Appeals for the Third Circuit

Federal appeals court for Delaware, New Jersey, Pennsylvania and the Virgin Islands.

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Also known as
Third Circuit

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overturned a decision about

  • LTL Management LLC 30 Jan 2023 bankruptcy petition dismissed: LTL was not in financial distress, so it did not meet the Code's good-faith requirement Primary record 1

involved in

Timeline 1 date
  1. 30 Jan 2023 LTL Management LLC decision overturned by U.S. Court of Appeals for the Third Circuit
Proof 2 sources
  1. In re LTL Management, LLC, Nos. 22-2003 and others, opinion of the Third Circuit, U.S. Court of Appeals for the Third Circuit, 30 Jan 2023. Primary record
    Only a putative debtor in financial distress can do so. LTL was not. Thus we dismiss its petition.
    Good intentions— such as to protect the J&J brand or comprehensively resolve litigation—do not suffice alone.
  2. In re LTL Management, LLC, opinion of the U.S. Court of Appeals for the Third Circuit, Nos. 22-2003 and others, U.S. Court of Appeals for the Third Circuit, 30 Jan 2023. Primary record
    Because LTL was not in financial distress, it cannot show its petition served a valid bankruptcy purpose and was filed in good faith under Code § 1112(b).
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