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2nd Circuit

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
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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
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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
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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No. 14-2585-bk (Summary order, not precedential)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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