United States v. Colasuonno

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

Citation:

24-924 (2nd Circuit, May 13,2025) Not Published

Case Status:

Affirmed

Ruling:

In a summary order, the Second Circuit rejected the debtor's argument that the government's filing of a Notice of Federal Tax lien allegedly in violation of the automatic stay provides a basis to...

Judge(s):

For the Court

Tag(s):

• 2nd Circuit
• Bankruptcy Process and Procedure
• Automatic Stay
• Discharge/Dischargeability
• 11 U.S.C. § 362

Soussis v. Macco (In re Soussis)

• Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
• 10 months 1 week ago

Citation:

Docket No. 22-155 (2nd Circuit, May 09,2025) Published

Case Status:

Reversed and Remanded

Ruling:

The Second Circuit Court of Appeals held a standing trustee cannot keep a percentage fee collected from a debtor’s pre-confirmation payments if a chapter 13 plan isn't confirmed. While 28 U.S.C....

Judge(s):

SACK, CARNEY, and BIANCO

Tag(s):

• 2nd Circuit
• Bankruptcy Process and Procedure
• Administrative Expense Claims
• Professional Compensation/Fees
• Consumer Bankruptcy
• 11 U.S.C. § 330(a)(1); 11 U.S.C. § 503(b); 11 U.S.C. § 1194(a); 11 U.S.C. § 1226(a); 11 U.S.C. § 1326(a)(1)-(a)(2)

LITTLE HEARTS MARKS FAMILY II L.P V. JASON D. CARTER, 61 PRIME LLC

• Summarized by David Banker , Womble Bond Dickinson (US) LLP
• 1 year 2 weeks ago

Citation:

23-1202-bk (2nd Circuit, Mar 04,2025) Published

Case Status:

Affirmed in part and Reversed in part

Ruling:

Circuit Court affirmed Bankruptcy Court's and District Court's dismissal of claims brought by non-debtors for breach of fiduciary duty and aiding and abetting breach of fiduciary duty. These claims...

Judge(s):

LYNCH, CARNEY, and MENASHI, Circuit Judges.

Tag(s):

• 2nd Circuit
• Bankruptcy Litigation
• Practice and Procedure
• 28 USC 1334
• 11 USC 541

Avianca Holdings S.A. v. Burnham Sterling & Co. LLC (In re Avianca Holdings S.A.)

• Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
• 1 year 1 month ago

Citation:

24-255-bk (2nd Circuit, Feb 03,2025) Published

Case Status:

Affirmed

Ruling:

The U.S. Court of Appeals for the Second Circuit affirmed a bankruptcy court's order granting a motion to compel post-petition priority payment of $4.3M in brokers' fees under prepetition leases...

Judge(s):

WESLEY, LYNCH, and KAHN

Tag(s):

• 2nd Circuit
• Administrative Expense Claims
• Claims
• Executory Contracts/Leases
• Airlines
• 11 U.S.C. § 101(5)(A) and (10)(A); 11 U.S.C. § 365; 11 U.S.C. § 503(b)(1); 11 U.S.C. § 1107(a)

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

• Summarized by Bradley Pearce , Pearce Law PLLC
• 1 year 6 months 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
• 1 year 7 months 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
• 1 year 7 months 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
• 1 year 9 months 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
• 1 year 11 months 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
• 2 years 1 week 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)

Pages

• 1
• 2
• 3
• 4
• 5
• 6
• 7
• 8
• 9
• …
• previous
• next