Kruse v. Securities Investor Protection Corp. (In re Bernard L. Madoff Investment Securities LLC)

• Summarized by Nancy Kourland , Rosen & Associates, P.C.
• 11 years 10 months ago

Citation:

Case No. 12-410 (2d Cir. Feb. 22, 2013)

Ruling:

Court of Appeals for the Second Circuit affirmed the District Court’s judgment affirming the Bankruptcy Court’s order granting the SIPC Trustee’s motion for an order upholding his denial of...

Judge(s):

Leval, Raggi, and Livington, Circuit Judges

Tag(s):

• 2nd Circuit
• Bankruptcy Process and Procedure

TC Healthcare I, LLC v. Dupuis (In re Haven Eldercare, LLC)

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

Citation:

TC Healthcare I, LLC v. Dupuis (In re Haven Eldercare, LLC), Case No. 12-468-bk (2d Cir. Nov. 15, 2012) (summary order) [Not Precedential]

Ruling:

The Circuit Court AFFIRMED the District Court judgment barring, as res judicata, the motion of the Appellant, a Section 363 purchaser of the Debtor's assets, seeking an order declaring that...

Judge(s):

Barrington D. Parker, Reena Raggi, and Gerard Lynch.

Tag(s):

• 2nd Circuit
• Asset Sales
• Executory Contracts/Leases
• Practice and Procedure
• Venue/Jurisdiction
• § 363

U.S. v. Colasuonno

• Summarized by Gaston Loomis , McElroy, Deutsch, Mulvaney & Carpenter LLP
• 12 years 3 months ago

Citation:

U.S. v. Colasuonno, Case No. 11-1188 (2nd Cir. Oct. 12, 2012)

Ruling:

Section 362(b)(1) of the Code excepts from the stay "the commencement or a continuation of a criminal action or proceeding against the debtor." In a matter of first impression for this court, the...

Judge(s):

Kearse, Walker, and Raggi, Circuit Judges

Tag(s):

• 2nd Circuit
• Consumer Bankruptcy
• Automatic Stay
• § 362

Liquidators of Lehman Brothers Australia Ltd. v. Lehman Brothers Special Financing Inc. (In re Lehman Brothers Holdings Inc.)

• Summarized by Janice Grubin , Barclay Damon, LLP
• 12 years 3 months ago

Citation:

Liquidators of Lehman Brothers Australia LImited, Liquidator, Dante Noteholders v. Lehnman Brothers Special Financing Inc. (in re Lehman Brother Holdings Inc.), ___ F3d ___, ___ WL _______ (2d Cir. Oct. 4, 2012), Case No. 11-2967-cv (LEAD), 11-2992-cv (CON)

Ruling:

The Circuit Court VACATED and REMANDED the judgment of the District Court and REINSTATED the appeal for consideration of the Bankruptcy Court order denying intervention on the merits. Given...

Judge(s):

Jacobs, Chief Judge, and Chin and Droney, Circuit Judges

Tag(s):

• 2nd Circuit
• Bankruptcy Process and Procedure

In re Charter Communications, Inc.

• Summarized by Ferve Ozturk , BakerHostetler
• 12 years 4 months ago

Citation:

In re Charter Communications, Inc., --- F.3d ----, 2012 WL 3764706 (2d Cir. Aug. 31, 2012)

Ruling:

• The Circuit Court AFFIRMED the district court on an abuse of discretion review and HELD that the appeals were equitably moot. • The Circuit stated that equitable mootness in the present case...

Judge(s):

Walker, Lynch, Lohier

Tag(s):

• 2nd Circuit
• Bankruptcy Process and Procedure
• Plan Confirmation
• Rule 8013
• § 1101
• § 1129

Esterling v. Collecto, Inc.

• Summarized by Wayne Greenwald , Jacobs, PC, Greenwald, P.C.
• 12 years 4 months ago

Citation:

Easterling, v. Collecto, Inc., --- F.3d ----, 2012 WL 3734389, (2nd Cir. August 30, 2012) Case No. 11-3209-CV, (Per Curiam)

Ruling:

Reversed and Remanded. Defendant violated the FDCPA's proscription against “false, misleading, or deceptive” debt collection practices by sending Plaintiff, a former debtor, a collection...

Judge(s):

Katzmann, Wesley, and Lynch, Circuit Judges

Tag(s):

• 2nd Circuit
• Personal Bankruptcy Topics
• Professional Practice Areas
• § 523

In re DPH Holdings Corp.

• Summarized by Richard Tisdale , M&T Bank
• 12 years 4 months ago

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):

• 2nd Circuit
• Bankruptcy Process and Procedure
• Rule 7015
• § 503

Super Nova 330 LLC v. Gazes

• Summarized by Janice Grubin , Barclay Damon, LLP
• 12 years 5 months ago

Citation:

Docket No. 11-1773-bk (August 2, 2012)

Ruling:

First, in vacating the lower courts’ rulings finding the lease at issue not to be unexpired, the Court held that a lease is unexpired for purposes of section 365(d)(3) of the Bankruptcy Code...

Judge(s):

Calabresi, Raggi, and Chin, Circuit Judges

Tag(s):

• 2nd Circuit
• Bankruptcy Process and Procedure

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

• Summarized by Robert Yan , Otterbourg P.C.
• 12 years 9 months ago

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):

• 2nd Circuit
• Business Reorganization
• Bankruptcy Litigation
• Mass Torts
• Venue/Jurisdiction

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

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

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):

• 2nd Circuit
• Claims
• Bankruptcy Litigation
• Practice and Procedure
• Venue/Jurisdiction

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