Home » 2nd Circuit

Auslander v. Murray

Citation:
17-1272 (2nd Circuit, Aug 14,2014) Published
Case Status:
Affirmed
Ruling:
Bankruptcy Court did not abuse its discretion in sua sponte dismissing a single creditor involuntary petition for cause, under 11 U.S.C. 707(a). Bankruptcy Court was being used as a collection...
Judge(s):
Walker, Hall, and Lohier, Circuit Judges
Tag(s):

Bank v. Lehman Brothers Holdings Inc.

Citation:
17-2700-bk (2nd Circuit, Jul 18,2018) Not Published
Case Status:
Affirmed
Ruling:
Applying the "Winston" factors, See, Winston v. Mediafare Entm’t Corp., 777 F.2d 78 (2d Cir. 1985), the Court determined that the parties intended to be bound to a settlement, absent a signed...
Judge(s):
Peter W. Hall Susan L. Carney Circuit Judges John G. Koelti District Judge
Tag(s):

A&G Goldman PA v. Picard

  • Summarized by Joel Levitin , Cahill Gordon & Reindel LLP
  • 5 months 2 weeks ago
Citation:
17-512-bk (2nd Circuit, Jun 27,2018) Not Published
Case Status:
Affirmed
Ruling:
SUMMARY ORDER WITH NO PRECEDENTIAL EFFECT. Held that purported securities claim for control person liability asserted by customers in Florida action was instead a disguised claim for the...
Judge(s):
Pierre N. Leval, Gerard E. Lynch, and Christopher F. Droney, Circuit Judges
Tag(s):

Townsend v. Ganci

  • Summarized by Theresa Driscoll , Moritt Hock & Hamroff LLP
  • 5 months 4 weeks ago
Citation:
17-921-bk (2nd Circuit, Jun 11,2018) Not Published
Case Status:
Affirmed
Ruling:
Summary Order, WITH NO PRECEDENTIAL EFFECT. Debt arising from civil judgment based on Title VII hostile work environment claims following jury trial held non-dischargeable under section 523(a)(6)...
Judge(s):
Cabranes, J.; Lynch, J.; Carney, J.
Tag(s):

Wallach v. Smith (In re Nanodynamics, Inc.)

  • Summarized by Joel Levitin , Cahill Gordon & Reindel LLP
  • 6 months 3 hours ago
Citation:
17-2410-cv (2nd Circuit, Jun 13,2018) Not Published
Case Status:
Affirmed
Ruling:
Summary Order, WITH NO PRECEDENTIAL EFFECT. Stock subscription agreement not enforceable by Chapter 7 trustee in bankruptcy under 11 U.S.C. section 365(c)(2), which precludes assumption of " a...
Judge(s):
Dennis Jacobs, Denny Chin, and Raymond J. Lohier, Jr., Circuit Judges
Tag(s):

Liberty Towers Realty, LLC v. Richmond Liberty LLC

  • Summarized by Nascine Howell , U.S. Bankruptcy Court, District of New Jersey
  • 6 months 1 week ago
Citation:
17-2037 (2nd Circuit, May 31,2018) Not Published
Case Status:
Affirmed
Ruling:
In a summary order, the Second Circuit Court of Appeals affirmed the district court’s decision, finding, among other things, that: (i) the debtors-appellants had consented to the derivative...
Judge(s):
The Honorable Rosemary S. Pooler; The Honorable Richard C. Wesley; and The Honorable Raymond J. Lohier
Tag(s):

Aniel v. ResCap Borrower Claims Trust (In re Residential Capital LLC

  • Summarized by Theresa Driscoll , Moritt Hock & Hamroff LLP
  • 8 months 1 week ago
Citation:
17-1163-bk (2nd Circuit, Apr 04,2018) Not Published
Case Status:
Affirmed
Ruling:
The Second Circuit affirmed the judgment of the district court and bankruptcy court orders disallowing appellants claims.
Judge(s):
Robert D. Sack, Peter W. Hall, Christopher F. Droney
Tag(s):

Clark v. AII Acquisition, LLC

  • Summarized by Joel Levitin , Cahill Gordon & Reindel LLP
  • 8 months 1 week ago
Citation:
17-1727-cv (2nd Circuit, Mar 30,2018) Published
Case Status:
Reversed and Remanded
Ruling:
(1) Standard for review of district court's invocation of judicial estoppel doctrine is abuse of discretion. (2) District court abused discretion in dismissing personal injury case on the basis of...
Judge(s):
Jacobs, Calabresi, and Chen
Tag(s):

Anderson v. Credit One Bank, N.A.

Citation:
16 ‐ 2496 (2nd Circuit, Mar 07,2018) Published
Case Status:
Affirmed
Ruling:
Affirmed order denying arbitration of debtor's class action claim alleging violation of discharge injunction.. Court found arbitration of a claim based on an alleged violation of Section 524(a)(2)...
Judge(s):
Pooler and Droney, Circuit Judges , and Ramos District Judge .
Tag(s):

SPV OSUS Ltd. v. UBS AG

Citation:
16-2173 (2nd Circuit, Feb 09,2018) Published
Case Status:
Affirmed
Ruling:
28 U.S.C. § 1334(b) gives U.S. district courts jurisdiction over actions that may result in the filing of a proof of claim in a bankruptcy case, potentially resulting in (1) the estate incurring...
Judge(s):
CALABRESI, POOLER, RAMOS (S.D.NY., sitting by designation)
Tag(s):

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