Adelphia Recovery Trust v. Goldman

• Summarized by Ferve Ozturk , BakerHostetler
• 10 years 9 months ago

Citation:

No. 11-1858, Slip Op. (2d Cir. Apr. 4, 2014)

Ruling:

Post-confirmation trust was judicially estopped from claiming that funds transferred to a cash management system were property of the debtors because the schedules and other documents filed by the...

Judge(s):

Winter, Walker, Cabranes

Tag(s):

• 2nd Circuit
• Bankruptcy Process and Procedure
• Business Reorganization
• Bankruptcy Litigation
• Commercial Fraud
• Finance and Banking
• Fraudulent Transfers
• Lender Liability
• Plan Confirmation
• Unsecured Trade Creditors
• Rule 3020
• § 1121
• § 1141
• § 521
• § 541
• § 1122
• § 1123
• § 523
• § 548
• § 1129

Santiago-Monteverde v. Pereira (In re Santiago-Monteverde)

• Summarized by Cassandra Porter , Cognizant Technology Solutions
• 10 years 9 months ago

Citation:

Santiago-Monteverde v. Pereira (In re Santiago-Monteverde), No. 12-4131 (2d Cir. Mar. 31, 2014)

Ruling:

The United States Court of Appeals for the Second Circuit (“Second Circuit”) certified to the New York Court of Appeals the question: “may a rent-stabilized tenant prevent the assumption and...

Judge(s):

Sack, Parker Raggi

Tag(s):

• 2nd Circuit
• Consumer Bankruptcy
• Asset Sales
• Certification
• Practice and Procedure
• § 522
• § 365

Starr International Co., Inc. v. Federal Reserve Bank of New York

• Summarized by Wayne Greenwald , Jacobs, PC, Greenwald, P.C.
• 10 years 11 months ago

Citation:

Starr International Co., Inc. v. Federal Reserve Bank of New York, Case No. 12-5022, (2nd Cir. January 29, 2014)

Ruling:

State law fiduciary duty standard does not apply to Federal Reserve Bank of New York (“FRBNY”) performing “general fiscal duties of the United States,” as “instrumentality of the federal...

Judge(s):

Walker, Livingston, and Chin

Tag(s):

• 2nd Circuit
• Professional Practice Areas
• Fed.R.Bankr.P. 7012
• 11 U.S.C § 106

Marshall v. Picard (In re Bernard L. Madoff Investment Securities LLC)

• Summarized by Robert Yan , Otterbourg P.C.
• 10 years 12 months ago

Citation:

Docket No. 12-1645 (2d Cir. Jan. 13, 2014)

Ruling:

AFFIRMING the district court’s order, which affirmed the bankruptcy court’s approval of a settlement agreement and issuance of a permanent injunction that had the effect of enjoining the...

Judge(s):

Cabranes, Raggi, and Carney (Circuit Judges)

Tag(s):

• 2nd Circuit
• Fraudulent Transfers
• Venue/Jurisdiction
• § 541
• § 105
• § 548

Cohen v. CDR Creances (In re Euro-American Lodging Corp.)

• Summarized by Chelsey Lester , Lemery Greisler LLC
• 11 years 1 day ago

Citation:

Cohen v. CDR Creances (In re Euro-American Lodging Corp.), 13-1308-BK, --- Fed. App. --- Summary Order (2d Cir. Jan. 10, 2014)

Ruling:

This opinion is of no precedential effect. The Second Circuit affirmed the bankruptcy court's denial of an application by the debtor's former president, Leon Cohen, to reopen the Chapter 11 case...

Judge(s):

Dennis Jacobs Denny Chin Susan L. Carney

Tag(s):

• 2nd Circuit
• Court Administration
• Practice and Procedure
• Rule 5010
• 350

Kittay v. Korff (In the Matter of Palermo)

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

Citation:

Docket Nos. 11-848-cv (L), 11-849-cv (Con) (2nd Cir. Jan. 7, 2014)

Ruling:

Held that the district court did not err in refusing to dismiss the complaint as untimely on the basis that the bankruptcy court's direction to file amended and/or separate claims constituted a de...

Judge(s):

KEARSE, POOLER, and LIVINGSTON, Circuit Judges

Tag(s):

• 2nd Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Fraudulent Transfers
• Practice and Procedure
• Rule 5011
• Rule 7021
• § 544

Drawbridge Special Opportunities Fund LP v. Barnet (In re Barnet)

• Summarized by Robert Yan , Otterbourg P.C.
• 11 years 1 month ago

Citation:

Docket No. 13-612 (2d Cir. Dec. 11, 2013)

Ruling:

VACATING bankruptcy court’s order and REMANDING for further proceedings, the Court of Appeals for the Second Circuit held that 11 U.S.C. § 109(a) applies to the debtor in a foreign main...

Judge(s):

Jacobs, Straub (Circuit Judges), and Kuntz (District Judge sitting by designation)

Tag(s):

• 2nd Circuit
• International Insolvency
• Venue/Jurisdiction
• § 101
• § 1502
• § 103
• § 1517
• § 109

Sapere Wealth Mgmt LLC v. MF Global Holdings Ltd. (In re MF Global Holdings Ltd.)

• Summarized by Weston Eguchi , Willkie Farr & Gallagher LLP
• 11 years 1 month ago

Citation:

No. 12-4254-bk (2d Cir. Dec. 6, 2013) (Summary Order)

Ruling:

Affirming District Court's judgment, dismissing Appellants' appeal from the Bankruptcy Court's order for lack of jurisdiction on the basis that the Bankruptcy Court's order was interlocutory rather...

Judge(s):

Walker, Cabranes, Lohier

Tag(s):

• 2nd Circuit
• Bankruptcy Litigation
• Finance and Banking
• Venue/Jurisdiction

Geron v. Seyfarth Shaw LLP

• Summarized by Eduardo Glas , Law Office of Eduardo Glas PC
• 11 years 1 month ago

Citation:

Docket No. 12-4138

Ruling:

Second Circuit certified the following question of law for the N.Y. Court of Appeals: does New York law treat a dissolved law firm's pending hourly fee matters as its property?

Judge(s):

Lynch, Chin and Carney

Tag(s):

• 2nd Circuit
• Bankruptcy Litigation
• 544
• 548

Buchwald Capital Advisors LLC v. JP Morgan Chase Bank, N.A. (In re M. Fabrikant & Sons, Inc)

• Summarized by Ferve Ozturk , BakerHostetler
• 11 years 2 months ago

Citation:

12-4335, Slip Op., Oct. 15, 2013

Ruling:

Affirmed dismissal of collapsing claims, subsequent transfer claims based on intentional fraud, preference claims, and disallowance claims.

Judge(s):

Katzmann, Jacobs, Pooler

Tag(s):

• 2nd Circuit
• Fraudulent Transfers
• 544

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