In re TransCare Corporation

• Summarized by Theresa Driscoll , Moritt Hock & Hamroff LLP
• 1 year 4 months ago

Citation:

21-2547, 21-2576 (2nd Circuit, Aug 28,2023) Published

Case Status:

Affirmed

Ruling:

The Second Circuit held that in determining damages under section 548 the "value of the property" avoided is going concern value and not liquidation value.

Judge(s):

Circuit Judges Nathan, Menashi and Merriam with Judge Menashi dissenting

Tag(s):

• 2nd Circuit
• Bankruptcy Process and Procedure
• Fraud
• Fraudulent Transfers
• Valuation

Tarpon Bay Partners LLC v. Zerez Holdings Corporation

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

Citation:

21-1916 (2nd Circuit, Aug 11,2023) Published

Case Status:

Affirmed in part and Reversed in part

Ruling:

Vacating and affirming in part the rulings of the U.S. District Court for the District of Connecticut (DC), U.S. Court of Appeals for the Second Circuit (Circuit) vacated the DC's ruling that the...

Judge(s):

William j. Nardini; Sarah A. L. Merriam; and Gary S. Katzmann

Tag(s):

• 2nd Circuit
• Bankruptcy Process and Procedure
• Claims
• Practice and Procedure
• Professional Practice Areas
• Commercial Fraud
• Finance and Banking
• Lender Liability
• Small Business

Sessa v. Trans Union, LLC

• Summarized by Wayne Greenwald , Jacobs, PC, Greenwald, P.C.
• 1 year 5 months ago

Citation:

22-87 (2nd Circuit, Jul 17,2023) Published

Case Status:

Reversed and Remanded

Ruling:

There is no bright-line rule providing that only purely factual or transcription errors in a consumer credit report, as opposed to “legal errors”, are actionable under the FCRA, and no...

Judge(s):

Cabranes, Nardini, Merriam

Tag(s):

• 2nd Circuit
• Personal Bankruptcy Topics
• Consumer Debt
• Fair Credit Reporting Act 1681e(b)

In re: Purdue Pharma L.P.

• Summarized by David Treacy , U.S. Bankruptcy Court, Eastern District of Kentucky
• 1 year 7 months ago

Citation:

NOS. 22-110-bk (L), 22-113-bk, 22-115-bk, 22-116-bk, 22-117-bk, 22-119-bk, 10 22-121-bk, 22-299-bk, 22-203-bk (2nd Circuit, May 30,2023) Published

Case Status:

Reversed and Remanded

Ruling:

The U.S. Court of Appeals for the Second Circuit held that 11 U.S.C.§§ 105(a) and 1123(b)(6), and prior Second Circuit authority, permit Purdue Pharma L.P. and related entities to include...

Judge(s):

Newman, Wesley, and Lee

Tag(s):

• 2nd Circuit
• Alternative Dispute Resolution
• Claims
• Creditors' Committee
• Plan Confirmation
• Venue/Jurisdiction
• Business Reorganization
• Mass Torts
• 11 U.S.C. §§ 105(a)
• 524(a)
• (g) and (e)
• 1122(a) 1123(b)(3)(A)
• 1123(b)(6)

Mader v. Experian

• Summarized by Joel Levitin , Cahill Gordon & Reindel LLP
• 2 years 4 days ago

Citation:

20-3073; 21-2171 (2nd Circuit, Jan 04,2023) Published

Case Status:

Affirmed

Ruling:

Alleged credit reporting "inaccuracy" asserted to be violation of FCRA -- that student loan at issue was reported on credit report notwithstanding plaintiff's bankruptcy -- did not constitute such...

Judge(s):

Lohier, Carney, and Nathan, Circuit Judges (Opinion by Nathan, Circuit Judge)

Tag(s):

• 2nd Circuit
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• Discharge/Dischargeability
• 11 U.S.C. § 523(a)(8)(A)(i)

IN RE: LATAM AIRLINES GROUP S.A.,

• Summarized by Amir Shachmurove , Brown Rudnick LLP
• 2 years 3 weeks ago

Citation:

22-1940 (2nd Circuit, Dec 14,2022) Published

Case Status:

Affirmed

Ruling:

The U.S. Court of Appeals for the Second Circuit (Circuit) affirmed the August 31, 2022, order of the U.S. District Court for the Southern District of New York (DC) affirming a June 18, 2022, order...

Judge(s):

Pierre N. Leval; Denny Chin; and Eunice C. Lee

Tag(s):

• 2nd Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Corporate Governance
• Plan Confirmation
• Professional Practice Areas
• Airlines
• Business Reorganization
• International Insolvency
• Fed. R. Bankr. P. 1015(b)
• 11 U.S.C. § 502(b)(2); 11 U.S.C. § 1123; 11 U.S.C. § 1124(1);

In re Motors Liquidation Co.: Those Certain Post-Closing Accident

• Summarized by Daniel Waxman , KEWA Financial Inc.
• 5 years 1 month ago

Citation:

18-1940 (2nd Circuit, Nov 19,2019) Published

Case Status:

Affirmed

Ruling:

New GM is not liable for punitive damage claims asserted by parties to post-Sale accidents involving automobiles manufactured by Old GM, even if New GM is liable for compensatory damages, because...

Judge(s):

Jacobs, Sack, Hall

Tag(s):

• 2nd Circuit
• Bankruptcy Process and Procedure
• Asset Sales
• Bankruptcy Litigation
• Claims
• 11 U.S.C § 363

In re Alba Sanchez

• Summarized by Theresa Driscoll , Moritt Hock & Hamroff LLP
• 5 years 2 months ago

Citation:

18-679 (2nd Circuit, Oct 30,2019) Published

Case Status:

Affirmed

Ruling:

The bankruptcy courts possess the inherent power to sanction attorneys in appropriate circumstances.

Judge(s):

Walker, Carney and Sullivan

Tag(s):

• 2nd Circuit
• Bankruptcy Litigation
• Professional Compensation/Fees

In re - Stuart Scott Snyder

• Summarized by Ryan Heilman , Heilman Law PLLC
• 5 years 3 months ago

Citation:

18‐1578‐bk (2nd Circuit, Sep 12,2019) Not Published

Case Status:

Affirmed in part and Reversed in part

Ruling:

A default judgment issued as a sanction has preclusive effect for purposes of determining dischargeability of a debt, but where a single judgment involves two underlying debts, the court must...

Judge(s):

POOLER, CHIN, Circuit Judges, and VITALIANO, District Judge

Tag(s):

• 2nd Circuit
• Personal Bankruptcy Topics
• Discharge/Dischargeability
• Professional Practice Areas
• Commercial Fraud
• 11 U.S.C. 523(a)(4) and 11 U.S.C. 523(a)(6)

Harold Jones v. The Brand Law Firm (In re: Alice Belmonte)

• Summarized by Nascine Howell , Seyfarth Shaw LLP
• 5 years 5 months ago

Citation:

No. 18-2098 (2nd Circuit, Jul 25,2019) Published

Case Status:

Affirmed

Ruling:

The Second Circuit Court of Appeals affirmed the bankruptcy court’s decision, finding that the trustee’s recovery of a portion of the proceeds from the debtor’s unauthorized post-petition...

Judge(s):

Calabresi, Lynch and Lohier, Circuit Judges

Tag(s):

• 2nd Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Fraud
• Fraudulent Transfers
• § 546
• 11 U.S.C § 549
• 11 U.S.C § 550
• 551

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