The Volo Project is dedicated to providing ABI Members with the most timely bankruptcy decisions from the U.S. Courts of Appeal. A team of member volunteers provide a summary of each new opinion within 24 hours of their release. Each summary includes the full text of the opinion. Members can sign up for email alerts from their circuit, or the whole country! Not a member? Try Volo free for 30 days.

2nd Circuit

Loreley Financing (Jersey) No. 3 Ltd., et al. v. Wells Fargo Securities, LLC, et al.

Citation: 
Loreley Financing (Jersey) No. 3 v. Wells Fargo Securities, LLC, No. 13-CV-1476 Slip Op. (2d Cir. July 24, 2015)
Ruling: 
The Circuit Court held that the district court erred in aspects of its dismissal under Rule 12(b)(6). The court found that (1) Plaintiffs' identification of the group defendants suffices to meet particularity requirements of Rule 9(b); (2) the allegations ...
Judge(s): 
Leval, Calabresi, Lynch
Read on...

Crest One SpA v. TPG Troy, LLC (In the Matter of TPG Troy, LLC)

Citation: 
2015 U.S. App. LEXIS 12085
Ruling: 
Order affirming District Court affirming District Court decision affirming Bankruptcy Court 1) dismissing involuntary petition; 2) denying the petitioners’ motion to withdraw the reference; and 3) awarding $513,427.16 in attorneys’ fees and costs pursuant to 11 U.S.C. § 13 303(i)(1).
Judge(s): 
Winter, Pooler and Sack, Circuit Judges
Read on...

Food Employers Labor Relations Assoc. v. The Great Atlantic & Pacific Tea Co.

Citation: 
14-3349-bk; 2d. Cir. July 2, 2015 (Summary Order - No precedential effect)
Ruling: 
The United States Court of Appeals for the Second Circuit affirmed the United States District Court for the Southern District of New York's judgment affirming the Bankruptcy Court's holding that the claimant pensioners were not entitled to administrative expense priority ...
Judge(s): 
Guido Calabresi, Circuit Judge
Debra Ann Livingston, Circuit Judge
William K. Sessions III, United States District Court for the District of Vermont, sitting by designation
Read on...

CarVal UK Ltd. v. Giddens (In The Matter of Lehman Brothers, Inc.)

Citation: 
No. 14-890, Slip Op. (2d Cir. June 29, 2015)
Ruling: 
The appellant was not a customer for purposes of the Securities Investor Protection Act because the Court's precedents require that a customer must have "entrusted" asset to a failed broker-dealer.
Judge(s): 
Katzmann, Walker, Chin
Read on...

Mohammed v. Great Atlantic & Pacific Tea Co., Inc.

Citation: 
Case No. 14-3415 (2d Cir. June 10, 2015)
Ruling: 
In Mohammed v. Great Atlantic & Pacific Tea Company, Inc., the Court of Appeals for the Second Circuit affirmed the decision of the United States District Court for the Southern District of New York granting Defendant-Appellee Great Atlantic & Pacific ...
Judge(s): 
Wesley, Hall, and Lohier
Read on...

Eades and Pike, Jr. v. Kennedy, PC Law Offices

Citation: 
2015 U.S. App. LEXIS 9295
Ruling: 
Affirmed most of District Court dismissal of FDCPA action, vacated portion of order which it remanded
Judge(s): 
Sack, Lynch, Lohier
Read on...

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,
Read on...

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)
Read on...

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,
Read on...

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.
Read on...
Syndicate content