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2nd Circuit

Berger & Associates Attorneys v. Kran (In re Kran)

Citation: 
Docket No. 13-1931 (2nd Cir. July 25, 2014)
Ruling: 
Court of Appeals affirmed the lower courts' decisions that the debtor was entitled to a discharge because denial of discharge is an extreme penalty, with exceptions to be narrowly construed, and plaintiffs had not met their burden of establishing the ...
Judge(s): 
Straub, Sack, and Lohier, Circuit Judges
Read on...

Crawford v. Franklin Credit Mgmt Corp.

Citation: 
2nd Cir. Court of Appeals, Docket No. 13-2514, Decided July 11, 2014
Ruling: 
Reversed district court on dismissing TILA and common law fraud claims, based on estoppel and lack of standing. Affirmed denial of plaintiff's motion for summary judgment and granting defendants' motion for summary judgment on other claims. Remanded for proceedings on ...
Judge(s): 
Kearse, Jacobs, and Lynch
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Asarco LLC v. Goodwin, Shaw, Truslow

Citation: 
Docket No. 13-3954-cv (2d Cir. June 25, 2014)
Ruling: 
AFFIRMING the judgment of the district court dismissing a complaint by the reorganized debtor seeking contribution and subrogation from the Trustees of the residuary trusts created by the will of John D. Rockefeller Sr. (“Rockefeller”), the Court of Appeals for ...
Judge(s): 
Kearse, Jacobs, and Lynch (Circuit Judges)
Read on...

Krys v. Pigott

Citation: 
Krys v. Pigott, Case No. 12-3575(L) (2d Cir. Apr. 11, 2014)
Ruling: 
Under New York law, claims of aiding and abetting (i) fraud and (ii) breach of fiduciary duty require "actual knowledge" of, respectively, the fraudulent scheme and the applicable breach of duty; "constructive knowledge" is insufficient. The Court raised, but ...
Judge(s): 
Kearse, Pooler, and Livingston
Read on...

Tze Wung Consultants, Ltd v. Bank of Baroda (In re Indu Craft, Inc)

Citation: 
12-3901-cv
Ruling: 
In bankruptcy matters, the 30-day time limit incorporated through Federal Rule of Appellate Procedure 6(b)(1) is a non-jurisdictional claim-processing rule under which an untimely appeal can proceed to the merits of the other party does not object. Precedent of ...
Judge(s): 
Hall, Livingston and Droney
Read on...

Adelphia Recovery Trust v. Goldman

Citation: 
No. 11-1858, Slip Op. (2d Cir. Apr. 4, 2014)
Ruling: 
Post-confirmation trust was judicially estopped from claiming that funds transferred to a cash management system were property of the debtors because the schedules and other documents filed by the debtors in bankruptcy court treated the cash management system as property ...
Judge(s): 
Winter, Walker, Cabranes
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Santiago-Monteverde v. Pereira (In re Santiago-Monteverde)

Citation: 
Santiago-Monteverde v. Pereira (In re Santiago-Monteverde), No. 12-4131 (2d Cir. Mar. 31, 2014)
Ruling: 
The United States Court of Appeals for the Second Circuit (“Second Circuit”) certified to the New York Court of Appeals the question: “may a rent-stabilized tenant prevent the assumption and assignment of his or her lease by claiming that the ...
Judge(s): 
Sack, Parker Raggi
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Starr International Co., Inc. v. Federal Reserve Bank of New York

Citation: 
Starr International Co., Inc. v. Federal Reserve Bank of New York, Case No. 12-5022, (2nd Cir. January 29, 2014)
Ruling: 
State law fiduciary duty standard does not apply to Federal Reserve Bank of New York (“FRBNY”) performing “general fiscal duties of the United States,” as “instrumentality of the federal government” in rescue activities, protecting federal interests in stabilizing the ...
Judge(s): 
Walker, Livingston, and Chin
Read on...

Marshall v. Picard (In re Bernard L. Madoff Investment Securities LLC)

Citation: 
Docket No. 12-1645 (2d Cir. Jan. 13, 2014)
Ruling: 
AFFIRMING the district court’s order, which affirmed the bankruptcy court’s approval of a settlement agreement and issuance of a permanent injunction that had the effect of enjoining the Appellants’ state law tort actions, the Court of Appeals for the Second ...
Judge(s): 
Cabranes, Raggi, and Carney (Circuit Judges)
Read on...

Cohen v. CDR Creances (In re Euro-American Lodging Corp.)

Citation: 
Cohen v. CDR Creances (In re Euro-American Lodging Corp.), 13-1308-BK, --- Fed. App. --- Summary Order (2d Cir. Jan. 10, 2014)
Ruling: 
This opinion is of no precedential effect. The Second Circuit affirmed the bankruptcy court's denial of an application by the debtor's former president, Leon Cohen, to reopen the Chapter 11 case after the plan of reorganization had been confirmed ...
Judge(s): 
Dennis Jacobs
Denny Chin
Susan L. Carney
Read on...
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