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Crawford v. Franklin Credit Mgmt Corp.

  • Summarized by Wayne Greenwald , Jacobs, PC, Greenwald, P.C.
  • 11 years 8 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):

Krys v. Pigott

  • Summarized by Daniel Waxman , KEWA Financial Inc.
  • 11 years 11 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):

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

  • Summarized by Jordan Wishnew , Shearman & Sterling LLP
  • 11 years 11 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):

Adelphia Recovery Trust v. Goldman

  • Summarized by Ferve Ozturk , BakerHostetler
  • 11 years 11 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):

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

  • Summarized by Cassandra Porter , Cognizant Technology Solutions
  • 11 years 11 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):

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

  • Summarized by Wayne Greenwald , Jacobs, PC, Greenwald, P.C.
  • 12 years 1 month 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):

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

  • Summarized by Robert Yan , Otterbourg P.C.
  • 12 years 2 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):

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

  • Summarized by Chelsey Lester , Lemery Greisler LLC
  • 12 years 2 months 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):

Kittay v. Korff (In the Matter of Palermo)

  • Summarized by Joel Levitin , Cahill Gordon & Reindel LLP
  • 12 years 2 months 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):

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