2nd Circuit

Krys v. Pigott

Citation: 
Krys v. Pigott, Case No. 12-3575(L) (2d Cir. Apr. 11, 2014)
Ruling: 
Under New York law, claims of aiding and abetting (i) fraud and (ii) breach of fiduciary duty require "actual knowledge" of, respectively, the fraudulent scheme and the applicable breach of duty; "constructive knowledge" is insufficient. The Court raised, but ...
Judge(s): 
Kearse, Pooler, and Livingston
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Tze Wung Consultants, Ltd v. Bank of Baroda (In re Indu Craft, Inc)

Citation: 
12-3901-cv
Ruling: 
In bankruptcy matters, the 30-day time limit incorporated through Federal Rule of Appellate Procedure 6(b)(1) is a non-jurisdictional claim-processing rule under which an untimely appeal can proceed to the merits of the other party does not object. Precedent of ...
Judge(s): 
Hall, Livingston and Droney
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Adelphia Recovery Trust v. Goldman

Citation: 
No. 11-1858, Slip Op. (2d Cir. Apr. 4, 2014)
Ruling: 
Post-confirmation trust was judicially estopped from claiming that funds transferred to a cash management system were property of the debtors because the schedules and other documents filed by the debtors in bankruptcy court treated the cash management system as property ...
Judge(s): 
Winter, Walker, Cabranes
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Santiago-Monteverde v. Pereira (In re Santiago-Monteverde)

Citation: 
Santiago-Monteverde v. Pereira (In re Santiago-Monteverde), No. 12-4131 (2d Cir. Mar. 31, 2014)
Ruling: 
The United States Court of Appeals for the Second Circuit (“Second Circuit”) certified to the New York Court of Appeals the question: “may a rent-stabilized tenant prevent the assumption and assignment of his or her lease by claiming that the ...
Judge(s): 
Sack, Parker Raggi
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Starr International Co., Inc. v. Federal Reserve Bank of New York

Citation: 
Starr International Co., Inc. v. Federal Reserve Bank of New York, Case No. 12-5022, (2nd Cir. January 29, 2014)
Ruling: 
State law fiduciary duty standard does not apply to Federal Reserve Bank of New York (“FRBNY”) performing “general fiscal duties of the United States,” as “instrumentality of the federal government” in rescue activities, protecting federal interests in stabilizing the ...
Judge(s): 
Walker, Livingston, and Chin
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Marshall v. Picard (In re Bernard L. Madoff Investment Securities LLC)

Citation: 
Docket No. 12-1645 (2d Cir. Jan. 13, 2014)
Ruling: 
AFFIRMING the district court’s order, which affirmed the bankruptcy court’s approval of a settlement agreement and issuance of a permanent injunction that had the effect of enjoining the Appellants’ state law tort actions, the Court of Appeals for the Second ...
Judge(s): 
Cabranes, Raggi, and Carney (Circuit Judges)
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Cohen v. CDR Creances (In re Euro-American Lodging Corp.)

Citation: 
Cohen v. CDR Creances (In re Euro-American Lodging Corp.), 13-1308-BK, --- Fed. App. --- Summary Order (2d Cir. Jan. 10, 2014)
Ruling: 
This opinion is of no precedential effect. The Second Circuit affirmed the bankruptcy court's denial of an application by the debtor's former president, Leon Cohen, to reopen the Chapter 11 case after the plan of reorganization had been confirmed ...
Judge(s): 
Dennis Jacobs
Denny Chin
Susan L. Carney
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Kittay v. Korff (In the Matter of Palermo)

Citation: 
Docket Nos. 11-848-cv (L), 11-849-cv (Con) (2nd Cir. Jan. 7, 2014)
Ruling: 
Held that the district court did not err in refusing to dismiss the complaint as untimely on the basis that the bankruptcy court's direction to file amended and/or separate claims constituted a de facto severance under Bankruptcy Rule 7021 (even ...
Judge(s): 
KEARSE, POOLER, and LIVINGSTON, Circuit Judges
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Drawbridge Special Opportunities Fund LP v. Barnet (In re Barnet)

Citation: 
Docket No. 13-612 (2d Cir. Dec. 11, 2013)
Ruling: 
VACATING bankruptcy court’s order and REMANDING for further proceedings, the Court of Appeals for the Second Circuit held that 11 U.S.C. § 109(a) applies to the debtor in a foreign main proceeding under Chapter 15 of the Bankruptcy Code.
Judge(s): 
Jacobs, Straub (Circuit Judges), and Kuntz (District Judge sitting by designation)
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Sapere Wealth Mgmt LLC v. MF Global Holdings Ltd. (In re MF Global Holdings Ltd.)

Citation: 
No. 12-4254-bk (2d Cir. Dec. 6, 2013) (Summary Order)
Ruling: 
Affirming District Court's judgment, dismissing Appellants' appeal from the Bankruptcy Court's order for lack of jurisdiction on the basis that the Bankruptcy Court's order was interlocutory rather than final, because it did not foreclose Appellants' ability to continue to assert ...
Judge(s): 
Walker, Cabranes, Lohier
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