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'...
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...
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;...
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...
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...
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...
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...
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...
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...
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...
