In re DPH Holdings Corp.

Citation:
No. 11-3782-bk (2d Cir. August 29, 2012) (SUMMARY ORDER)
Ruling:
AFFIRMING the decision of the United States District Court for the Southern District of New York, which had affirmed an order of the Bankruptcy Court for the Southern District of New York, the...
Judge(s):
Robert Katzmann, Richard Wesley, Gerald Lynch
Tag(s):

Pfizer, Inc. v. Law Offices of Peter G. Angelos (In re Quigley Co., Inc.)

Citation:
Case Nos. 11-2635, 11-2767 (Decided April 10, 2012)
Ruling:
The Court had jurisdiction to hear the appeal. Although the bankruptcy court order did not grant or deny relief from the automatic stay, the order was equivalent to a final order from that court...
Judge(s):
Walker, Straub, and Livingston, Circuit Judges
Tag(s):

Statek v. Development Specialists, Inc. (In re Coudert Brothers LLP)

Citation:
Docket No. 10-2723-bk (2nd Cir. February 28, 2012)
Ruling:
The Bankruptcy Court should not have applied the choice of law rules of New York, where Coudert Brothers LLP filed for Chapter 11 protection, but instead the choice of law rules of Connecticut,...
Judge(s):
Jon. O Newman, Guido Calabresi, and Peter W. Hall
Tag(s):

Parmalat Capital Finance Ltd. v. Bank of America Corp.

Citation:
___ F.3d ___, 2012 LEXIS ______ (February 21, 2012, 2nd Cir.)
Ruling:
Because two Illinois state court cases can be "timely adjudicated" in Illinois state court, abstention is mandatory under section 1334(c)(2) of Title 28. Thus, the federal district court's...
Judge(s):
Cabranes and Wesley, Circuit Judges, and Koeltl, District Judge
Tag(s):

Wachovia Bank v. VCG Special Opportunities Master Fund, Ltd.

Citation:
Wachovia Bank v. VCG Special Opportunities Master Fund, Ltd., --- F.3d ----, 2011 WL 5110122 (2d Cir. Oct. 28, 2011)
Ruling:
A hedge fund that entered into a credit default swap agreement with a bank affiliated with a capital markets servicer was not a customer of the servicer within the meaning of FINRA rules, such that...
Judge(s):
Circuit Judges Kearse, Pooler, and Lynch
Tag(s):

In re Bernard L. Madoff Investment Securitites LLC

Citation:
2011 WL 3568936 (2d Cir. August 16, 2011)
Ruling:
The Court was faced with several issues regarding the proper interpretation of the Securities Investor Protection Act, 15 U.S.C. § 78aaa et seq. (“SIPA”). The Court first ruled that the...
Judge(s):
Jacobs, Chief Judge, Leval and Raggi, Circuit Judges. Opinion by Jacobs, Chief Judge.
Tag(s):

Enron Creditors Recovery Corp. v. Alfa, S.A.B. de C.V., et al. (In re Enron Creditors Recovery Corp.)

Citation:
Docket No. 09-5122-bk (L) (2d Cir. June 28, 2011); 2011 U.S. App. LEXIS 13177; 2011 WL 2536101
Ruling:
A debtor-issuer’s premature payments to redeem its commercial paper constitute “settlement payments” and are, thus, shielded from the exercise of a bankruptcy trustee’s avoidance powers...
Judge(s):
Circuit Judges John M. Walker, José A. Cabranes, and District Judge John G. Koeltl (sitting by designation) presiding. Judge Koeltl dissenting.
Tag(s):

Smith v. Silverman (In re Smith)

Citation:
Docket Nos. 10-1565-bk (L), 10-1655-bk (con) (2nd Cir. May 20, 2011)
Ruling:
Orders of the district court were affirmed. The District Court properly determined that the Bankruptcy Court (1) did not abuse its discretion in denying the appellants’ motion to reopen the...
Tag(s):

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