The Volo Project is dedicated to providing ABI Members with the most timely bankruptcy decisions from the U.S. Courts of Appeal. A team of member volunteers provide a summary of each new opinion within 24 hours of their release. Each summary includes the full text of the opinion. Members can sign up for email alerts from their circuit, or the whole country! Not a member? Try Volo free for 30 days.

2nd Circuit

John Nagle Co. v. McCarthy (In re The Cousins Fish Market, Inc.)

Citation: 
John Nagle Co. v. McCarthy (In re The Cousins Fish Market, Inc.)
Ruling: 
Holdings: United States Court of Appeals for the Second Circuit held that: 1) that the Bankruptcy Court did not abuse its discretion in excluding evidence from the bench trial that had not been produced to the trustee during discovery, and 2) that ...
Judge(s): 
JOSÉ A. CABRANES, SUSAN L. CARNEY, CHRISTOPHER F. DRONEY,
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Ritchie Capital Management v. GECC

Citation: 
Ritchie Capital Management, LLC v. General Electric Capital Corp., Case No. 15-2816 (2d Cir. May 11, 2016) (per curiam)
Ruling: 
The Second Circuit Court of Appeals affirmed the District Court's holding that an investor in a Ponzi scheme lacks standing to bring claims for aiding and abetting fraud and civil conspiracy to commit fraud because the causes of action were ...
Judge(s): 
WALKER, CALABRESI, and HALL
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Tendering Phones Holders, et al. v. Large Private Benefecial Owners, et al. (In re Tribune Company Fraudulent Conveyance Litigation)

Citation: 
2016 U.S. App. LEXIS 5787 (2d Cir. N.Y. Mar. 29, 2016)
Ruling: 
The Second Circuit addressed two issues: (i) whether appellants are barred by the Bankruptcy Code's automatic stay provision from bringing state law, constructive fraudulent conveyance claims while avoidance proceedings against the same transfers brought by a party exercising the powers ...
Judge(s): 
WINTER, DRONEY, Circuit Judges, and HELLERSTEIN, District Judge
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Tendering Phones Holders, et al. Large Private Beneficial Owners, et al. (In re Tribune Company Fraudulent Conveyance Litigation)

Citation: 
13-3992-cv
Ruling: 
Affirm the District Court's dismissal of the complaint, on preemption rather than standing grounds. The rights of creditors to bring state law, fraudulent conveyance claims not limited in the hands of a trustee et al. by Bankruptcy Code section ...
Judge(s): 
Winter, Droney & Hellerstein
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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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