Marblegate Asset Management, LLC v. Education Management Finance Corp.

Citation:
2017 U.S. App. LEXIS 782 (2nd Circuit, Jan 17,2017) Not Published
Case Status:
Reversed and Remanded
Ruling:
Section 316(b) of the Trust Indenture Act prohibits only non‐consensual amendments to an indenture’s core payment terms; it does not protect a creditor's practical ability to collect on...
Judge(s):
CABRANES, STRAUB, and LOHIER
Tag(s):

Ring v. First Niagara Bank, N.A. (In the Matter of Sterling United, Inc.)

Citation:
15-4131 (2nd Circuit, Dec 22,2016) Not Published
Case Status:
Affirmed
Ruling:

the Second Circuit affirmed the rulings of the bankruptcy and district courts, dismissing a case filed by a chapter 7 trustee seeking to avoid as a preference the lien of a...

Judge(s):
Calabresi, Raggi and Lynch
Tag(s):

Guthrie v. 11 East 36th, LLC (In re 11 East 36th, LLC)

Citation:
16-1233, --- Fed.Appx. ----, 2016 WL 7323983 (2nd Circuit, Dec 16,2016) Not Published
Case Status:
Affirmed
Ruling:

Affirmed District Court judgment affirming Bankruptcy Court expunging claim and District Court declining to consider constructive trust argument. Court determined that: a.) creditor lacked...

Judge(s):
DENNIS JACOBS, JOSÉ A. CABRANES, BARRINGTON D. PARKER,
Tag(s):

Flaxer v. Gifford (In re Lehr Construction Corp.)

Citation:
16-350 (2nd Circuit, Dec 09,2016) Not Published
Case Status:
Affirmed
Ruling:

By summary order, the Second Circuit affirmed the District Court, explaining that the acts of agents are presumed to be imputed to their principals under New York law, and rejecting the...

Judge(s):
Present: Hon. Robert A. Katzman; Hon. Ralph K. Winter; Hon. Sidney H. Stein;
Tag(s):

Metropolitan Estates, Inc. v. Emmons-Sheepshead Bay Devel., LLC (In re Emmons-Sheepshead Bay Devel.

Citation:
15‐3844‐bk (2nd Circuit, Dec 06,2016) Not Published
Case Status:
Affirmed
Ruling:

Court affirmed orders a.) dismissing adversary proceeding under F.R.C.P. 12(b)(6) for not stating a claim to revoke confirmation, 11 U.S.C. 1144; and b) denying motion to vacate, alter or...

Judge(s):
JOHN M. WALKER, JR., ROBERT D. SACK, DENNY CHIN
Tag(s):

Yagman v. Kittay (In re Yagman)

Citation:
United States Court of Appeals for the Second Circuit; Case No. 16-57 (2nd Circuit, Dec 01,2016) Not Published
Case Status:
Affirmed
Ruling:
RULING BY SUMMARY ORDER (DOES NOT HAVE PRECEDENTIAL EFFECT). United States Court of Appeals for the Second Circuit held that the district court properly dismissed a Chapter 7 debtors' appeal for...
Judge(s):
DENNIS JACOBS, ROSEMARY S. POOLER, Circuit Judges, and GEOFFREY W. CRAWFORD, District Judge (sitting by designation)
Tag(s):

Krys v. Klejna

Citation:
Kenneth M. Krys, as Joint Liquidator of SPhinX Ltd. et al.v. Dennis A Klenjna, J.P. Morgan Chase & Co., Summary Order, 2nd Cir. Case No. 14-3446(L), (July 29, 2016)
Ruling:
The Second Circuit upheld the district court's order dismissal of certain state-law claims against the defendant-appellees, and in doing so, found that the district court was not required to...
Judge(s):
Present: Rosemary S. Pooler; Peter W. Hall, and Susan L. Carney, Circuit Judges
Tag(s):

Elliott, et al. v. General Motors LLC (In the Matter of: Motors Liquidation Co.)

Citation:
Elliott v. General Motors LLC (In re Motors Liquidation Co.), Case Nos. 15-2844, 15-2847, 15-2848 (2d Cir. N.Y. July 13, 2016).
Ruling:
The Second Circuit Court of Appeals determined that the debtor, General Motors Corporation ("Old GM"), had an obligation to provide notice to vehicle owners with defects of which Old GM knew or...
Judge(s):
STRAUB, CHIN, and CARNEY
Tag(s):

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