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

Lucas v. Dynegy Inc. (In re Dynegy, Inc.)

Citation: 
No. 13-2581, Slip Op. (2d Cir. Oct. 31, 2014)
Ruling: 
The circuit court affirmed the district court's ruling that the appellant lacked standing to opt out of or object to the reorganization plan on behalf of a putative class in a separate securities class action. They likewise affirmed the ...
Judge(s): 
Murtha, J. (sitting by designation); Walker, J.; Hall, J.
Read on...

Official Committee of Unsecured Creditors of Motors Liquidation Co. v. JP Morgan Chase Bank (In re Motors Liquidation Co.)

Citation: 
2015 U.S. App. LEXIS 859 (2nd Cir. Jan. 21, 2015)
Ruling: 
A secured party's authorization to file a UCC-3 termination statement of a UCC-1 Financing Statement filed under the Article 9 of the Uniform Commercial Code (UCC) is all that is required to effectuate a termination of the filed Financing Statement; ...
Judge(s): 
Winter, Wesley and Carney
Read on...

Official Committee of Unsecured Creditors of Motors Liquidation Co. v. JP Morgan Chase Bank

Citation: 
Official Committee of Unsecured Creditors of Motors Liquidation Company v. JPMorgan Chase Bank, N.A. (In re Motors Liquidation Company), Docket No. 2013-02187, --- F.3d --- (2d. Cir. Jan. 21, 2015)
Ruling: 
The UCC-3 termination statement filed by the debtor terminating three UCC-1s, including one mistakenly included that related to a separate term loan, was effective to terminate the security interest in the term loan even though the secured creditor did not ...
Judge(s): 
Winter, Wesley, and Carney, Circuit Judges
Read on...

Harbour Trust Co. Ltd. v. Aaron (In re Plusfunds Group, Inc.)

Citation: 
Case No. 14-817-bk(L) (2d Cir. Jan. 21, 2015) (Summary Order, not precedential)
Ruling: 
Second Circuit held that the bankruptcy court abused its discretion when it denied a motion to reopen the bankruptcy case without considering what prejudice, if any, would result from granting the request. After recognizing that the decision to grant ...
Judge(s): 
Winter, Cabranes, Raggi
Read on...

Angio Dynamics, Inc. v. Biolitec, Inc.

Citation: 
Docket No. 12-4364-cv (2nd Cir. January 9, 2015)
Ruling: 
Non-party parent of debtor in appellate litigation was not permitted to be substituted for its subsidiary that settled underlying litigation (through its bankruptcy trustee) and dismissed appeal, since Federal Rule of Appellate Procedure 43(b) applies only when a party is ...
Judge(s): 
Cabranes, Hall, Chin, Circuit Judges
Read on...

National Credit Union Administration Board v. Golman, Sachs & Co.

Citation: 
December 23, 2014 Second Circuit Court of Appeals Docket No. 14-312-cv, 2014 U.S. App. LEXIS 24390
Ruling: 
The Second Circuit Court of Appeals affirmed the District Court’s decision that the National Credit Union Administration Board (“NCUA”), acting as liquidating agent for a failed credit union (the “CU”), was empowered by 12 U.S.C. § 1787( c ) to ...
Judge(s): 
Winter, Leval, and Lynch, Circuit Judges:
Read on...

Picard v. Ida Fishman Revocable Trust (In re Bernard Madoff Investment Securities LLC)

Citation: 
12-2557-bk(L)
Ruling: 
SIPA Trustee's avoidance claims to recover fictitious profits paid by Bernard L. Madoff Securities LLC to hundreds of customers were not avoidable and fell within the section 546(e) safe harbor because such payments constituted securities-related payments. Section 546(e) applied ...
Judge(s): 
Parker, Lynch and Droney
Read on...

Beeman v. BGI (In re BGI)

Citation: 
Nos. 13-2226, 13-2288, 13-2300
Ruling: 
As an issue of first impression, the Second Circuit held that the equitable mootness analysis set out in Chateaugay II applies to Chapter 11 liquidations. As with a reorganization, substantial consummation of a liquidating plan gives rise to a ...
Judge(s): 
Kearse, Straub, and Carney
Read on...

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...
Syndicate content