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2nd Circuit

Nuevo Pueblo, LLC v. Napolitano (In re Nuevo Pueblo, LLC)

Citation: 
2015 U.S. App. LEXIS 7391
Ruling: 
Summary order affirming the district court affirming the bankruptcy court approving a settlement over one debtor’s objection.
Judge(s): 
Dennis Jacobs, Rosemary S. Pooler, Peter W. Hall,
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Gilboy v. Reukema

Citation: 
Docket No. 14-2538-bk (2d Cir. April 29, 2015) (Summary Order)
Ruling: 
AFFIRMING the district court’s judgment affirming the bankruptcy court’s dismissal of the bankruptcy case for cause under 11 U.S.C. § 707(a), the Court of Appeals for the Second Circuit held that there was no clear error in the bankruptcy court’s ...
Judge(s): 
Sack, Droney (Circuit Judges), and Stanceu (Chief Judge of the U.S. Court of International Trade, sitting by designation)
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Empire State Building Co., L.L.C. v. New York Skyline, Inc. (In re New York Skyline, Inc.)

Citation: 
No. 14-2585-bk (Summary order, not precedential)
Ruling: 
1- Consent to final adjudication by a non-Article III bankruptcy judge of a non-core matter must be unambiguous. It can be inferred by conduct, but here the debtor's acquiescence to the bankruptcy court's rulings must be understood in the context ...
Judge(s): 
JOHN M. WALKER, JR., GUIDO CALABRESI, and REENA RAGGI,
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Santiago-Monteverde v. Pereira (In re Santiago-Monteverde)

Citation: 
Slip Op., No. 12‐4131‐bk (2d Cir. Mar. 2, 2015)
Ruling: 
The Circuit Court previously concluded that the application of section 282(2) to New York’s rent stabilization laws raised an unresolved question of New York law and certified the question to the New York Court of Appeals. The Court of Appeals ...
Judge(s): 
Before: SACK, PARKER, and RAGGI, Circuit Judges.
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Securities Invest. Protection Corp. v. 2427 Parent Corp. (In re Bernard L. Madoff Invest. Securities LLC)

Citation: 
Nos. 14‐97‐bk(L) (August Term 2014)
Ruling: 
The Securities Investor Protection Act, 15 U.S.C. § 78aaa, et seq. (“SIPA” or “the Act”), does not permit an inflation or interest adjustment to “net equity” claims for customer property.
Judge(s): 
STRAUB, WESLEY, and LIVINGSTON
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Andrews v. McCarron

Citation: 
No. 14-1422-bk (2nd Cir. February 11, 2015) (Summary Order)
Ruling: 
In Summary Order, with no precedential effect, the Court held that individual debtors were collaterally estopped in the context of non-dischargeablity litigation in bankruptcy from relitigating whether their conduct underlying a judgment obtained against them in a different court prior ...
Judge(s): 
Barrington D. Parker, Peter W. Hall, and Debra Ann Livingston, Circuit Judges
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Kirschenbaum v. U.S. Dept. of Labor (In the Matter of Robert Plan Corp.)

Citation: 
No. 14-1144 (2d Cir.) (Feb. 5, 2015)
Ruling: 
Although the trustee is required to administer the debtor corporation's ERISA plan under 11 U.S.C. 704(a)(11), the bankruptcy court lacks jurisdiction to award compensation from the assets of the plan to the trustee and his professionals for services performed administering ...
Judge(s): 
Katzman, Lohier & Droney
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Lucas v. Dynegy Inc. (In re Dynegy, Inc.)

Citation: 
No. 13-2581, Slip Op. (2d Cir. Oct. 31, 2014)
Ruling: 
The circuit court affirmed the district court's ruling that the appellant lacked standing to opt out of or object to the reorganization plan on behalf of a putative class in a separate securities class action. They likewise affirmed the ...
Judge(s): 
Murtha, J. (sitting by designation); Walker, J.; Hall, J.
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Official Committee of Unsecured Creditors of Motors Liquidation Co. v. JP Morgan Chase Bank (In re Motors Liquidation Co.)

Citation: 
2015 U.S. App. LEXIS 859 (2nd Cir. Jan. 21, 2015)
Ruling: 
A secured party's authorization to file a UCC-3 termination statement of a UCC-1 Financing Statement filed under the Article 9 of the Uniform Commercial Code (UCC) is all that is required to effectuate a termination of the filed Financing Statement; ...
Judge(s): 
Winter, Wesley and Carney
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Official Committee of Unsecured Creditors of Motors Liquidation Co. v. JP Morgan Chase Bank

Citation: 
Official Committee of Unsecured Creditors of Motors Liquidation Company v. JPMorgan Chase Bank, N.A. (In re Motors Liquidation Company), Docket No. 2013-02187, --- F.3d --- (2d. Cir. Jan. 21, 2015)
Ruling: 
The UCC-3 termination statement filed by the debtor terminating three UCC-1s, including one mistakenly included that related to a separate term loan, was effective to terminate the security interest in the term loan even though the secured creditor did not ...
Judge(s): 
Winter, Wesley, and Carney, Circuit Judges
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