U.S.A. v. Bond

• Summarized by Joel Levitin , Cahill Gordon & Reindel LLP
• 10 years 5 months ago

Citation:

Docket No. 12-4803-bk (2d Cir. August 13, 2014)

Ruling:

The bankruptcy court lacked subject matter jurisdiction to decide a tax refund claim because the liquidating trustee appointed pursuant to the Debtors' confirmed plan of reorganization did not...

Judge(s):

Jacobs, Sack, and Lohier

Tag(s):

• 2nd Circuit
• Administrative Expense Claims
• Bankruptcy Taxation
• Bankruptcy Litigation
• Legislation
• Practice and Procedure
• Venue/Jurisdiction
• § 1123
• § 505
• § 546
• § 1107

Picard v. Fairfield Greenwich; Picard v. Schneiderman

• Summarized by David Banker , Womble Bond Dickinson
• 10 years 5 months ago

Citation:

Picard v. Fairfield Greenwich; Picard v. Schneiderman, 13‐1289‐bk (L) 13‐1392‐cv (CON); 13‐1785, (2d Cir. August 8, 2014)

Ruling:

The United States Court of Appeals for the Second Circuit held that the trustee for the liquidation of Bernard L. Madoff Investment Securities LLC (ʺBLMISʺ) and of the bankruptcy estate of...

Judge(s):

SACK, CHIN, and DRONEY, Circuit Judges

Tag(s):

• 2nd Circuit
• Automatic Stay
• Bankruptcy Litigation
• Fraudulent Transfers
• 7065
• 105
• 362
• 541
• 548
• 550

Geron v. Seyfarth Shaw LLP (In re Thelen LLP)

• Summarized by David Saponara , Kudman Trachten Aloe LLP
• 10 years 5 months ago

Citation:

Docket No. 12‐4138‐bk (2d Cir. Aug. 6, 2014)

Ruling:

After receiving the response of the New York Court of Appeals to two certified questions, the Second Circuit affirmed the decision of the United States District Court for the Southern District of...

Judge(s):

Lynch, Chin, and Carney

Tag(s):

• 2nd Circuit
• Fraudulent Transfers
• 11 U.S.C § 544
• 11 U.S.C § 548

Barclays Capital Inc. v. Giddens (In re Lehman Brothers Holdings, Inc.)

• Summarized by Jordan Wishnew , Shearman & Sterling LLP
• 10 years 5 months ago

Citation:

12-2322-bk

Ruling:

Second Circuit affirmed the District Court's decision, which held that Barclays was entitled to both the Margin Assets (i.e., $4bn in collateral supporting Lehman Brother Inc.'s exchange-traded...

Judge(s):

Ralph Winter, Peter Hall and Gerald Lynch

Tag(s):

• 2nd Circuit
• Asset Sales

Bulan v. Calloway

• Summarized by Wayne Greenwald , Jacobs, PC, Greenwald, P.C.
• 10 years 5 months ago

Citation:

U.S. COURT OF APPEALS FOR THE SECOND CIRCUIT August Term, 2013, Docket No. 12‐1603‐bk

Ruling:

Affirmed District Court affirming Bankruptcy Court's determination that New York State's increased homestead exemption, from $10,000 to $50,000, applied to judgment liens existing before the...

Judge(s):

Circuit Judges: Richard C. Wesley and Christopher F. Droney, and District Court Judge Vincent L. Briccetti (SDNY) sitting by designation.

Tag(s):

• 2nd Circuit
• Bankruptcy Process and Procedure
• Personal Bankruptcy Topics
• Professional Practice Areas
• 11 U.S.C § 522

Berger & Associates Attorneys v. Kran (In re Kran)

• Summarized by Joel Levitin , Cahill Gordon & Reindel LLP
• 10 years 5 months ago

Citation:

Docket No. 13-1931 (2nd Cir. July 25, 2014)

Ruling:

Court of Appeals affirmed the lower courts' decisions that the debtor was entitled to a discharge because denial of discharge is an extreme penalty, with exceptions to be narrowly construed, and...

Judge(s):

Straub, Sack, and Lohier, Circuit Judges

Tag(s):

• 2nd Circuit
• Bankruptcy Process and Procedure
• Personal Bankruptcy Topics
• Discharge/Dischargeability
• Claims
• Bankruptcy Litigation
• 7056
• 727

Crawford v. Franklin Credit Mgmt Corp.

• Summarized by Wayne Greenwald , Jacobs, PC, Greenwald, P.C.
• 10 years 6 months ago

Citation:

2nd Cir. Court of Appeals, Docket No. 13-2514, Decided July 11, 2014

Ruling:

Reversed district court on dismissing TILA and common law fraud claims, based on estoppel and lack of standing. Affirmed denial of plaintiff's motion for summary judgment and granting defendants'...

Judge(s):

Kearse, Jacobs, and Lynch

Tag(s):

• 2nd Circuit
• Bankruptcy Process and Procedure
• Personal Bankruptcy Topics
• Professional Practice Areas
• 349
• 541
• 554

Asarco LLC v. Goodwin, Shaw, Truslow

• Summarized by Robert Yan , Otterbourg P.C.
• 10 years 6 months ago

Citation:

Docket No. 13-3954-cv (2d Cir. June 25, 2014)

Ruling:

AFFIRMING the judgment of the district court dismissing a complaint by the reorganized debtor seeking contribution and subrogation from the Trustees of the residuary trusts created by the will of...

Judge(s):

Kearse, Jacobs, and Lynch (Circuit Judges)

Tag(s):

• 2nd Circuit
• Business Reorganization
• Rule 9019

Krys v. Pigott

• Summarized by Daniel Waxman , KEWA Financial Inc.
• 10 years 9 months ago

Citation:

Krys v. Pigott, Case No. 12-3575(L) (2d Cir. Apr. 11, 2014)

Ruling:

Under New York law, claims of aiding and abetting (i) fraud and (ii) breach of fiduciary duty require "actual knowledge" of, respectively, the fraudulent scheme and the applicable breach of duty;...

Judge(s):

Kearse, Pooler, and Livingston

Tag(s):

• 2nd Circuit
• Bankruptcy Litigation
• Commercial Fraud
• Finance and Banking
• Fraud

Tze Wung Consultants, Ltd v. Bank of Baroda (In re Indu Craft, Inc)

• Summarized by Jordan Wishnew , Shearman & Sterling LLP
• 10 years 9 months ago

Citation:

12-3901-cv

Ruling:

In bankruptcy matters, the 30-day time limit incorporated through Federal Rule of Appellate Procedure 6(b)(1) is a non-jurisdictional claim-processing rule under which an untimely appeal can...

Judge(s):

Hall, Livingston and Droney

Tag(s):

• 2nd Circuit
• Bankruptcy Process and Procedure
• Venue/Jurisdiction

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