Thank you!

The ABI hopes that you have enjoyed using Volo and that it is beneficial to your practice. Beginning on April 23rd, 2014 the full Volo summaries, opinions and notifications will be available only for ABI members. If you are an ABI member you will simply need to log in to the Volo site with your ABI username and password in order to access Volo's full range of services. If you are not an member, you will still be able to search the site, but you will no longer receive full text of the summaries, opinions or valuable notifications. Becoming an ABI member is simple and inexpensive. Sign up for a free 30-day test drive membership, which will give you access to all of ABI's online research products, including ABI's invaluable search tool search.abi.org, the ABI Journal and MORE!! You can sign up for a trial membership here.

2nd Circuit

Krys v. Farnum Place, LLC (In re Fairfield Sentry Ltd)

Citation: 
Docket No. 13-3000 (2d Cir. Sept. 26, 2014)
Ruling: 
VACATING and REMANDING the district court’s order affirming the bankruptcy court’s order denying an application to conduct, in a Chapter 15 ancillary bankruptcy proceeding, a section 363 review of a sale of customer claims filed in a SIPA liquidation (the ...
Judge(s): 
Newman, Walker, and Cabranes (Circuit Judges)
Read on...

State of Mich. Workers' Comp. Ins. Agency v. ACE Am. Ins. Co. (In re DPH Holdings Corp.)

Citation: 
No. 13-3305-bk (Summary Order)
Ruling: 
Second Circuit did not have jurisdiction to review the district court's permissive abstention decision. Regarding mandatory abstention, there was no evidence of abuse of discretion to require abstention under Buford v. Sun Oil Co., 319 U.S. 315 (1943). ...
Judge(s): 
Livingston, Droney and Nathan (S.D.N.Y. sitting by designation).
Read on...

U.S.A. v. Bond

Citation: 
Docket No. 12-4803-bk (2d Cir. August 13, 2014)
Ruling: 
The bankruptcy court lacked subject matter jurisdiction to decide a tax refund claim because the liquidating trustee appointed pursuant to the Debtors' confirmed plan of reorganization did not constitute a "trustee" for purposes of satisfying the requirement of Section 505 ...
Judge(s): 
Jacobs, Sack, and Lohier
Read on...

Picard v. Fairfield Greenwich; Picard v. Schneiderman

Citation: 
Picard v. Fairfield Greenwich; Picard v. Schneiderman, 13‐1289‐bk (L) 13‐1392‐cv (CON); 13‐1785, (2d Cir. August 8, 2014)
Ruling: 
The United States Court of Appeals for the Second Circuit held that the trustee for the liquidation of Bernard L. Madoff Investment Securities LLC (ʺBLMISʺ) and of the bankruptcy estate of Bernard L. Madoff (the "Madoff Trustee") was not entitled ...
Judge(s): 
SACK, CHIN, and DRONEY, Circuit Judges
Read on...

Geron v. Seyfarth Shaw LLP (In re Thelen LLP)

Citation: 
Docket No. 12‐4138‐bk (2d Cir. Aug. 6, 2014)
Ruling: 
After receiving the response of the New York Court of Appeals to two certified questions, the Second Circuit affirmed the decision of the United States District Court for the Southern District of New York, which held that, under New York ...
Judge(s): 
Lynch, Chin, and Carney
Read on...

Bulan v. Calloway

Citation: 
U.S. COURT OF APPEALS FOR THE SECOND CIRCUIT August Term, 2013, Docket No. 12‐1603‐bk
Ruling: 
Affirmed District Court affirming Bankruptcy Court's determination that New York State's increased homestead exemption, from $10,000 to $50,000, applied to judgment liens existing before the statute increasing exemption was enacted.
Judge(s): 
Circuit Judges: Richard C. Wesley and Christopher F. Droney, and District Court Judge Vincent L. Briccetti (SDNY) sitting by designation.
Read on...

Barclays Capital Inc. v. Giddens (In re Lehman Brothers Holdings, Inc.)

Citation: 
12-2322-bk
Ruling: 
Second Circuit affirmed the District Court's decision, which held that Barclays was entitled to both the Margin Assets (i.e., $4bn in collateral supporting Lehman Brother Inc.'s exchange-traded derivatives business) as well as the CBAs (i.e., $1.9bn in unencumbered securities held ...
Judge(s): 
Ralph Winter, Peter Hall and Gerald Lynch
Read on...

Berger & Associates Attorneys v. Kran (In re Kran)

Citation: 
Docket No. 13-1931 (2nd Cir. July 25, 2014)
Ruling: 
Court of Appeals affirmed the lower courts' decisions that the debtor was entitled to a discharge because denial of discharge is an extreme penalty, with exceptions to be narrowly construed, and plaintiffs had not met their burden of establishing the ...
Judge(s): 
Straub, Sack, and Lohier, Circuit Judges
Read on...

Crawford v. Franklin Credit Mgmt Corp.

Citation: 
2nd Cir. Court of Appeals, Docket No. 13-2514, Decided July 11, 2014
Ruling: 
Reversed district court on dismissing TILA and common law fraud claims, based on estoppel and lack of standing. Affirmed denial of plaintiff's motion for summary judgment and granting defendants' motion for summary judgment on other claims. Remanded for proceedings on ...
Judge(s): 
Kearse, Jacobs, and Lynch
Read on...

Asarco LLC v. Goodwin, Shaw, Truslow

Citation: 
Docket No. 13-3954-cv (2d Cir. June 25, 2014)
Ruling: 
AFFIRMING the judgment of the district court dismissing a complaint by the reorganized debtor seeking contribution and subrogation from the Trustees of the residuary trusts created by the will of John D. Rockefeller Sr. (“Rockefeller”), the Court of Appeals for ...
Judge(s): 
Kearse, Jacobs, and Lynch (Circuit Judges)
Read on...
Syndicate content