1. Home
  2. Browse Decisions
  3. IN RE MONTGOMERY WARD, LLC
 

IN RE MONTGOMERY WARD, LLC

Nos. 09-1735, 09-1736, 09-1745, 09-1746

In re: MONTGOMERY WARD, LLC, et al, Debtors, DIKA-WARD LLC, Appellant. In re: MONTGOMERY WARD, LLC, et al, Debtors, PLAN ADMINISTRATOR OF MONTGOMERY WARD, LLC; PA COMM OF MONTGOMERY WARD, LLC, Appellants.

United States Court of Appeals, Third Circuit.

Opinion filed: March 9, 2011.

Attorney(s) appearing for the Case

Theodore J. Tacconelli, Esquire , Ferry, Joseph & Pearce 824 Market Street, P. O. Box 1351, Wilmington, DE 19899, David K. Welch, Esquire (Argued), Crane, Heyman, Simon, Welch & Clar, Suite 3705, 135 South LaSalle, Chicago, IL 60603, Counsel for Appellant.

Daniel B. Butz, Esquire , Morris, Nichols, Arsht & Tunnell, 1201 North Market Street, 18th Floor, P. O. Box 1347, Wilmington, DE 19899, Richard S. Kanowitz, Esquire , Brent I. Weisenberg, Esquire (Argued), Cooley, 1114 Avenue of the Americas, 47th Floor, New York, NY 10036, Counsel for Appellee.

Before: JORDAN, ROTH and TASHIMA, Circuit Judges.

OPINION

ROTH, Circuit Judge:

Dika-Ward filed a proof of claim in Montgomery Ward's second bankruptcy proceeding for amounts allegedly due under a mortgage and a lease. The Bankruptcy Court, ruling on the parties' motion and cross motion for summary judgment, held that (1) Montgomery Ward was not personally liable under the mortgage, (2) Montgomery Ward had no liability for common area maintenance expenses under the lease, and (3) Montgomery Ward's Plan Administrator...

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