United States Third Circuit

In a bankruptcy decision involving claims against the foreign subsidiaries of a debtor in bankruptcy, approval of an order including claims against debtor's subsidiaries within the automatic stay of claims against the debtor is vacated and remanded, where: 1) the bankruptcy court did not properly conclude that the debtor was the only proper party for each of plaintiff's claims against defendant subsidiaries; 2) plaintiffs' filing a proof of claim in bankruptcy court against the debtor does not render different claims against defendant subsidiaries "core" claims for determining bankruptcy court jurisdiction; and 3) intertwinement of non-core and core claims does not give bankruptcy court jurisdiction over non-core claims.

Appellate Information

• Argued 06/30/2008
• Decided 09/22/2008
• Published 09/22/2008

Judges

• Before:  RENDELL, SMITH, and FISHER, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Douglas N. Candeub, Esq. [Argued], Brett D. Fallon, Esq., Morris James, Wilmington, DE, for Plaintiffs-Appellants Pacific Dunlop Holdings (USA) Inc.;  Pacific Dunlop Holdings (Europe) Limited;  PD International PTY Limited;  Pacific Dunlop Holdings (Hong Kong) Limited;  Pacific Dunlop Holdings (Singapore) PTE Limited.


• For Appellees:
  
• Benjamin G. Chew, Esq. [Argued], Andrew Zimmitti, Esq., Patton Boggs, N.W. Washington, DC, Laura D. Jones, Esq. James E. O'Neill, Esq., Pachulski Stang Diehl & Jones, Wilmington, DE, for Reorganized Debtor-Appellee Exide Technologies.