2nd Circuit

Weber v. SEFCU (In re Weber)

Summarized by Joel Levitin, Cahill Gordon & Reindel LLP 1 week 5 days ago

2nd Circuit, 11 U.S.C. § 362, 11 U.S.C. § 541, 11 U.S.C. § 542, Automatic Stay, Consumer Bankruptcy

Citation:

Docket No. 12-1632-bk (2nd Cir. May 8, 2013)

Ruling:

AFFIRMED District Court and held that failing to deliver repossessed vehicle to the debtor promptly after receiving notice of pending petition constituted willful violation of the automatic stay under Chapter 13 of the Bankruptcy Code, and creditor is responsible for ...

Judge(s):

Circuit Judges Cabranes, Raggi, and Carney (Decision by Susan L. Carney).

Read on...

Molchatsky v. U.S.

Summarized by Amy Quackenboss, American Bankruptcy Institute 2 weeks 6 days ago

2nd Circuit, Fraud, SEC Issues

View opinion PDF | Download opinion PDF

Citation:

Molchatsky v. U.S., Case No. 11-2510 (2nd Cir. April 10, 2013)

Ruling:

Claims arising from the SEC's actions or inaction in its investigation of the Bernard Madoff Ponzi scheme are shielded by the Discretionary Function Exception to the Federal Tort Claims Act and are subject to dismissal for lack of subject matter ...

Judge(s):

Wesley, Droney and Alison Nathan (USDC SDNY) sitting by designation.

Read on...

Morning Mist Holdings Ltd. v. Krys (In re Fairfield Sentry Ltd.)

Summarized by Cassandra Porter, Lowenstein Sandler 4 weeks 6 days ago

2nd Circuit, 11 U.S.C. § 362, 11 U.S.C. § 1502, 11 U.S.C. § 1508, 11 U.S.C. § 1517, 11 U.S.C. § 1520, 11 U.S.C. § 1521, Automatic Stay, International Insolvency

View opinion PDF | Download opinion PDF

Citation:

11-4376

Ruling:

Second circuit upheld decisions of bankruptcy court and district court recognizing that Fairfield Sentry Limited ("Sentry") had its center of main intest ("COMI") in the British Virgin Islands ("BVI"). Accordingly, Sentry's previously filed liquidation in BVI would be ...

Judge(s):

Jacobs, Chief Judge; Winter, Circuit Judge; Swain District Judge

Read on...

Commodity Futures Trading Commission v. Walsh

Summarized by Carrie Hardman, Winston & Strawn, LLP 6 weeks 4 days ago

2nd Circuit, SEC Issues

View opinion PDF | Download opinion PDF

Citation:

Commodity Futures Trading Comm'n et al. v. 3M Employee Welfare Benefit Assoc. Trust I, et al., Case No. 11-1516-cv(L) (2d Cir. Apr. 3, 2013)

Ruling:

The Second Circuit affirmed the District Court's decision. The Second Circuit held that (1) securities fraud victims may be considered "similarly situated" for purposes of a pro rata distribution when they were similarly situated in relationship to the fraud, ...

Judge(s):

Kearse, Pooler, and Livingston.

Read on...

Kruse v. Securities Investor Protection Corp. (In re Bernard L. Madoff Investment Securities LLC)

Summarized by Nancy Kourland, Rosen & Associates, P.C. 11 weeks 6 days ago

2nd Circuit, Bankruptcy Process and Procedure

View opinion PDF | Download opinion PDF

Citation:

Case No. 12-410 (2d Cir. Feb. 22, 2013)

Ruling:

Court of Appeals for the Second Circuit affirmed the District Court’s judgment affirming the Bankruptcy Court’s order granting the SIPC Trustee’s motion for an order upholding his denial of the claims of certain claimants that invested directly or indirectly in ...

Judge(s):

Leval, Raggi, and Livington, Circuit Judges

Read on...

TC Healthcare I, LLC v. Dupuis (In re Haven Eldercare, LLC)

Summarized by Weston Eguchi, Willkie Farr & Gallagher LLP 26 weeks 2 days ago

2nd Circuit, 11 U.S.C. § 363, Asset Sales, Venue/Jurisdiction, Practice and Procedure, Executory Contracts/Leases

View opinion PDF | Download opinion PDF

Citation:

TC Healthcare I, LLC v. Dupuis (In re Haven Eldercare, LLC), Case No. 12-468-bk (2d Cir. Nov. 15, 2012) (summary order) [Not Precedential]

Ruling:

The Circuit Court AFFIRMED the District Court judgment barring, as res judicata, the motion of the Appellant, a Section 363 purchaser of the Debtor's assets, seeking an order declaring that Appellant is not liable to the Appellee, the counterparty to ...

Judge(s):

Barrington D. Parker, Reena Raggi, and Gerard Lynch.

Read on...

U.S. v. Colasuonno

Summarized by Gaston Loomis, Eckert Seamans Cherin & Mellott, LLC 31 weeks 3 days ago

2nd Circuit, 11 U.S.C. § 362, Automatic Stay, Consumer Bankruptcy

View opinion PDF | Download opinion PDF

Citation:

U.S. v. Colasuonno, Case No. 11-1188 (2nd Cir. Oct. 12, 2012)

Ruling:

Section 362(b)(1) of the Code excepts from the stay "the commencement or a continuation of a criminal action or proceeding against the debtor." In a matter of first impression for this court, the Second Circuit found that (i) a ...

Judge(s):

Kearse, Walker, and Raggi, Circuit Judges

Read on...

Liquidators of Lehman Brothers Australia Ltd. v. Lehman Brothers Special Financing Inc. (In re Lehman Brothers Holdings Inc.)

Summarized by Janice Grubin, Todtman, Nachamie, Spizz & Johns, P.C. 32 weeks 3 days ago

2nd Circuit, Bankruptcy Process and Procedure

View opinion PDF | Download opinion PDF

Citation:

Liquidators of Lehman Brothers Australia LImited, Liquidator, Dante Noteholders v. Lehnman Brothers Special Financing Inc. (in re Lehman Brother Holdings Inc.), ___ F3d ___, ___ WL _______ (2d Cir. Oct. 4, 2012), Case No. 11-2967-cv (LEAD), 11-2992-cv (CON)

Ruling:

The Circuit Court VACATED and REMANDED the judgment of the District Court and REINSTATED the appeal for consideration of the Bankruptcy Court order denying intervention on the merits. Given that (i) denials of intervention are generally considered to be final ...

Judge(s):

Jacobs, Chief Judge, and Chin and Droney, Circuit Judges

Read on...

In re Charter Communications, Inc.

Summarized by Ferve Ozturk, Baker & Hostetler LLP 34 weeks 4 days ago

2nd Circuit, 11 U.S.C. § 1101, 11 U.S.C. § 1129, Federal Rule 8013, Plan Confirmation, Bankruptcy Process and Procedure

View opinion PDF | Download opinion PDF

Citation:

In re Charter Communications, Inc., --- F.3d ----, 2012 WL 3764706 (2d Cir. Aug. 31, 2012)

Ruling:

• The Circuit Court AFFIRMED the district court on an abuse of discretion review and HELD that the appeals were equitably moot. • The Circuit stated that equitable mootness in the present case concerned whether “a particular remedy can be granted without unjustly ...

Judge(s):

Walker, Lynch, Lohier

Read on...

Esterling v. Collecto, Inc.

Summarized by Wayne Greenwald, Wayne Greenwald, PC 37 weeks 3 days ago

2nd Circuit, 11 U.S.C. § 523, Personal Bankruptcy Topics, Professional Practice Areas

View opinion PDF | Download opinion PDF

Citation:

Easterling, v. Collecto, Inc., --- F.3d ----, 2012 WL 3734389, (2nd Cir. August 30, 2012) Case No. 11-3209-CV, (Per Curiam)

Ruling:

Reversed and Remanded. Defendant violated the FDCPA's proscription against “false, misleading, or deceptive” debt collection practices by sending Plaintiff, a former debtor, a collection letter incorrectly stating that her student loans were “ineligible for bankruptcy discharge” and therefore ...

Judge(s):

Katzmann, Wesley, and Lynch, Circuit Judges

Read on...

2nd Circuit

Weber v. SEFCU (In re Weber)

Molchatsky v. U.S.

Morning Mist Holdings Ltd. v. Krys (In re Fairfield Sentry Ltd.)

Commodity Futures Trading Commission v. Walsh

Kruse v. Securities Investor Protection Corp. (In re Bernard L. Madoff Investment Securities LLC)

TC Healthcare I, LLC v. Dupuis (In re Haven Eldercare, LLC)

U.S. v. Colasuonno

Liquidators of Lehman Brothers Australia Ltd. v. Lehman Brothers Special Financing Inc. (In re Lehman Brothers Holdings Inc.)

In re Charter Communications, Inc.

Esterling v. Collecto, Inc.

Member Resources

Bankruptcy News

Follow us

American Bankruptcy Institute