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2nd Circuit

Statek Corp. v. Development Specialists, Inc. (In re Coudert Brothers LLP)

Citation: 
14-3688-bk
Ruling: 
If the Circuit Court of Appeals elects to consider a new argument on appeal, then on remand, the lower court may not ignore the Court of Appeal's ruling on the basis that it relied on a non-cognizable "new argument."
Judge(s): 
Cabranes, Pooler, and Chin
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Supplement B Pilot Beneficiaries v. AMR Corp. (In re AMR Corp.)

Citation: 
No. 14-4274-bk (2d Cir. Dec. 7, 2015) (summary order)
Ruling: 
Affirming the district and bankruptcy court judgments/orders, the Second Circuit held, inter alia, (1) debtors' negotiations with union, as "authorized representative" of employees, complied with Section 1113 (debtor was not required to meet with subgroup of employees); (2) bankruptcy court's ...
Judge(s): 
D. Jacobs, R. Lohier, G. Crawford (sitting by designation)
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Schaeffler, et al. v. U.S.A.

Citation: 
14-1965-cv (2d Cir. Nov. 10, 2015)
Ruling: 
The attorney-client privilege was not waived by the sharing of documents with a consortium of banks having a common legal interest with appellants in the tax treatment of a refinancing and corporate restructuring resulting from an ill-fated acquisition originally financed ...
Judge(s): 
Winter, Walker and Droney
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Cherry Valley Associates, LLC v. Fiorano Tile Imports, Inc. (In re Fiorano Tile Imports, Inc.)

Citation: 
2nd Cir. No. 14-3915 (2015)
Ruling: 
Summary Order affirming the decision of the United States District Court for the Eastern District of New York holding that the Plan was substantially consummated under 11 U.S.C. § 1101(2) of the Bankruptcy Code, so that the presumption of equitable ...
Judge(s): 
BARRINGTON D. PARKER, GERARD E. LYNCH, and SUSAN L. CARNEY
Not worthy of a summary? Why?: 
N
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Ke v. Wang (In re Ke)

Citation: 
In re Ke (Ke v. Wang), Case No. 14-3824 (2d Cir. Oct. 6, 2015) (unpublished) (per curiam)
Ruling: 
The Second Circuit affirmed the bankruptcy court and district court's ruling that that a debt was nondischargeable by the chapter 7 debtor because it was incurred by intentional or extremely reckless conduct constituting fraud or defalcation. The Second Circuit rejected ...
Judge(s): 
Dennis Jacobs, Peirre N. Leval, Geoffrey W. Crawford (District Judge sitting by designation).
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ADAR 980 Realty, LLC v. Avraham Sofer (In re Avraham Sofer)

Citation: 
No. 14-3464-bk (Summary Order) (2d Cir. Sept. 1, 2015)
Ruling: 
Appellant lacked prudential standing because it failed to demonstrate a sufficient particularized injury. "The prudential standing rule normally bars litigants from asserting the rights or legal interests of others in order to obtain relief from injury to themselves."
Judge(s): 
Calabresi, Straub, Pooler.
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City of Concord, N.H. v. Northern New England Telephone Operations LLC (In re Northern New England Telephone Operations LLC)

Citation: 
No. 14-3381-bk (Aug. 4, 2015)
Ruling: 
The Court adopts the view that a lien can be extinguished by a Chapter 11 plan under 1141(c) only if the creditor has "participated" in the bankruptcy proceeding. See Penrod, 50 F.3d 459 (CA7 1995). The Court distinguishes Penrod ...
Judge(s): 
Jacobs, with Newman & Raggi
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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
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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
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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
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