Boston Generating, LLC V CREDIT SUISSE SECURITIES (USA) LLC

• Summarized by Bradley Pearce , Pearce Law PLLC
• 3 months 2 weeks ago

Citation:

21-2543-bk (2nd Circuit, Sep 19,2024) Not Published

Case Status:

Affirmed

Ruling:

The safe harbor provision of 11 U.S.C. § 546(e) protects all phases of Complex refinancing and recapitalization transactions in which prior equity owners of the debtor’s parent receive payment...

Judge(s):

SUSAN L. CARNEY, JOSEPH F. BIANCO, ALISON J. NATHAN, Circuit Judges

Tag(s):

• 2nd Circuit
• Bankruptcy Process and Procedure
• Fraud
• Professional Practice Areas
• Commercial Fraud
• 101(22)(A)
• 546(e)

Stadtmauer v. Tulis (In re Nordlicht)

• Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
• 4 months 2 weeks ago

Citation:

22-1223-bk (2nd Circuit, Aug 15,2024) Published

Case Status:

Affirmed

Ruling:

The U.S. Court of Appeals for the Second Circuit held a bankruptcy court did not err in approving a Chapter 7 Trustee's settlement of legal claims filed by Appellants against the debtor and third...

Judge(s):

Livingston, Sack

Tag(s):

• 2nd Circuit
• Asset Sales
• Bankruptcy Litigation
• Claims
• Fraudulent Transfers
• Practice and Procedure
• Fed. R. Bankr. P. 2002(a)(3); Fed. R. Bankr. P. 7001(2); Fed. R. Bankr. P. 9019(a)
• 11 U.S.C. § 101(5)
• (37); 11 U.S.C. § 105(a); 11 U.S.C. § 108(c)(2); 11 U.S.C. § 362(a); 11 U.S.C. § 363(b)
• (f); 11 U.S.C. § 506(a)(1); 11 U.S.C. § 541; 11 U.S.C. § 544

Delaney v. Messer (In re Delaney)

• Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
• 4 months 4 weeks ago

Citation:

No. 23-434 (L) (2nd Circuit, Aug 08,2024) Published

Case Status:

Dismissed

Ruling:

For lack of appellate jurisdiction under 28 U.S.C. § 158(d)(1), the U.S. Court of Appeals for the Second Circuit dismissed a chapter 7 debtor's appeal of an order denying his motion to dismiss his...

Judge(s):

JACOBS, PARK, and NATHAN

Tag(s):

• 2nd Circuit
• Bankruptcy Process and Procedure
• Practice and Procedure
• Venue/Jurisdiction
• Consumer Bankruptcy
• Fed. R. Bankr. P. 8004(d)
• 11 U.S.C. § 707(a)

Windstream Holdings, Inc. v. Charter Communications Operating, LLC (In re Windstream Holdings, Inc.)

• Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
• 6 months 2 weeks ago

Citation:

No. 22-2891-bk (2nd Circuit, Jun 24,2023) Published

Case Status:

Affirmed

Ruling:

The U.S. Court of Appeals for the Second Circuit affirmed a district court's ruling overturning a bankruptcy court's order holding the debtor's competitor in contempt. It held: 1) the Taggart "no...

Judge(s):

Livingston, Cabranes, and Kahn

Tag(s):

• 2nd Circuit
• Automatic Stay
• Bankruptcy Litigation
• Business Reorganization
• Telecom/Tech
• 11 U.S.C. § 105
• 11 U.S.C. § 362(a)(3)
• 11 U.S.C. § 362(k)
• 11 U.S.C. § 541

Zarour v. JP Morgan Chase Bank (In re Zarour)

• Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
• 8 months 2 weeks ago

Citation:

23-457-bk (2nd Circuit, Apr 25,2024) Not Published

Case Status:

Affirmed

Ruling:

In this non-precedential Summary Order, based on principles of res judicata, the Second Circuit affirmed the decision of the District Court affirming the decision of the Bankruptcy Court that...

Judge(s):

Parker, Loheir, Jr. and Nathan

Tag(s):

• 2nd Circuit
• Bankruptcy Process and Procedure
• Fraud
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Mortgage

Daileader v. Certain Underwriters at Lloyds London Syndicate 1861

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 9 months 3 weeks ago

Citation:

23-690 (2nd Circuit, Mar 18,2024) Published

Case Status:

Affirmed

Ruling:

Affirming the U.S. District Court for the Southern District of New York (DC), the U.S. Court of Appeals for the Second Circuit (Circuit) found no abuse of discretion in the DC's denial of the...

Judge(s):

John M. Walker Jr.; William J. Nardini; and Denny Chin

Tag(s):

• 2nd Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Corporate Governance
• Practice and Procedure
• Professional Practice Areas
• Insurance
• 11 U.S.C. § 541(c)(1)

In re Orion HealthCorp, Inc.

• Summarized by Bradley Pearce , Pearce Law PLLC
• 9 months 4 weeks ago

Citation:

23-311-bk (2nd Circuit, Mar 12,2024) Published

Case Status:

Affirmed

Ruling:

Rejecting the holding of a non-precedential summary order, the Second Circuit clarified that parties may be added to an action -- without leave of the court and without reference to Fed. R. Civ. P....

Judge(s):

CALABRESI, NATHAN, Circuit Judges, AND NAGALA, District Judge

Tag(s):

• 2nd Circuit
• Bankruptcy Process and Procedure
• Practice and Procedure
• Venue/Jurisdiction
• 7004(b)(3)

In re: Décor Holdings, Inc., et a

• Summarized by David Banker , Womble Bond Dickinson
• 1 year 1 month ago

Citation:

23-60-bk (2nd Circuit, Nov 22,2023) Published

Case Status:

Dismissed

Ruling:

United States Court of Appeals for the Second Circuit ruled that it did not have jurisdiction to rule on the Eastern District of New York Court's order vacating the Bankruptcy Court's entry of...

Judge(s):

WESLEY, CHIN, and BIANCO, Circuit Judges

Tag(s):

• 2nd Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Preferences
• Venue/Jurisdiction
• Insurance
• International Insolvency
• Retail
• Unsecured Trade Creditors
• 9024

DuVall v. County of Ontario

• Summarized by Bradley Pearce , Pearce Law PLLC
• 1 year 3 months ago

Citation:

21-2917-bk (2nd Circuit, Sep 29,2023) Published

Case Status:

Affirmed

Ruling:

When determining whether a transfer left an entity insolvent, courts must accept the facts as they are and not as they hypothetically may be. Thus, when a debtor declared property as exempt under...

Judge(s):

CALABRESI, LOHIER, and KAHN, Circuit Judges

Tag(s):

• 2nd Circuit
• Bankruptcy Process and Procedure
• Fraudulent Transfers
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• 4003(b)(1)
• 522(l)
• 548
• 101(32)

In re: Larisa Ivanovna Markus

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 1 year 4 months ago

Citation:

21-2238 (2nd Circuit, Aug 30,2023) Published

Case Status:

Affirmed

Ruling:

The U.S. Court of Appeals for the Second Circuit affirmed two orders of the U.S. District Court for the Southern District of New York (DC) finding that the district's bankruptcy court (BC)...

Judge(s):

Dennis Jacobs; Denny Chin; and Beth Robinson

Tag(s):

• 2nd Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Practice and Procedure
• Venue/Jurisdiction
• Business Reorganization

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