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In re ICP Strategic Income Fund, Ltd.

Summarizing by Hale Yazicioglu

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

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

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):

Gustavia Home, LLC v. Rutty

Citation:
17-345 (2nd Circuit, Dec 21,2017) Not Published
Case Status:
Reversed and Remanded
Ruling:
In a summary order, the Second Circuit Court of Appeals vacated the district court’s February 1, 2017 judgment, and remanded for further proceedings. The Second Circuit held that summary judgment...
Judge(s):
The Honorable Guido Calabresi; The Honorable Richard C. Wesley; and The Honorable Denny Chin
Tag(s):

Kramer v. Mahia (In re Khan)

Citation:
16-4181 (2nd Circuit, Dec 13,2017) Not Published
Case Status:
Affirmed
Ruling:
In a summary order, the Second Circuit Court of Appeals affirmed the district court’s November 15, 2016 judgment, finding that five of the appellant’s arguments were meritless for the same...
Judge(s):
The Honorable José A. Cabranes; The Honorable Debra A. Livingston; and The Honorable Richard W. Goldberg of the United States Court of International Trade, sitting by designation.
Tag(s):

Bais Din of Mechon L'hoyroa v. Congregation Birchos Yosef (In re Congregation Birchos Yosef)

Citation:
16-3620 (2nd Circuit, Nov 01,2017) Not Published
Case Status:
Affirmed
Ruling:
In a summary order, the Second Circuit Court of Appeals affirmed the district court’s decision to dismiss the appellant’s appeal of the bankruptcy court's order due to lack of standing.
Judge(s):
Katzmann, Lohier, Jr., and Droney
Tag(s):

Momentive Performance Materials, Inc. v. Bokf, NA (In the Matter of MPM Silicones, L.L.C.)

Citation:
15-1771, 15-1682, 15-1824 (2nd Circuit, Oct 20,2017) Not Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The Second Circuit affirmed the lower court's rulings concerning priority of the Second-Lien Holders over the Subordinate Notes holders; affirmed lower court's ruling finding Senior Lien Holders...
Judge(s):
Cabranes, Pooler and Parker
Tag(s):

Silver v. Rescap Borrower Claims Trust (In re Residental Capital, Inc.)

Citation:
No.16-1273-bk (2nd Circuit, Oct 11,2017) Not Published
Case Status:
Affirmed
Ruling:
Circuit Court affirmed the District Court's affirmance of decisions by the U.S. Bankruptcy Court for the Southern District of New York (1) disallowing the claim the pro se debtor lodged with ResCap...
Judge(s):
Hon. Robert D. Stack; Hon. Reena Raggi; Hon. Susan L. Carney.
Tag(s):

Boyd v. Rescap Borrower Claims Trust (In re Residential Capital, LLC)

Citation:
16-2950-bk (2nd Circuit, Oct 04,2017) Not Published
Case Status:
Affirmed
Ruling:
Bankruptcy court had jurisdiction to disallow a claim that was based on the same claims that had been the subject of litigation outside of bankruptcy. Claims allowance is a core proceeding, and...
Judge(s):
Chin, Droney, Restani
Tag(s):

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