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Weber v. SEFCU (In re Weber)

  • Summarized by Joel Levitin , Cahill Gordon & Reindel LLP
  • 12 years 10 months ago
Citation:
Docket No. 12-1632-bk (2nd Cir. May 8, 2013)
Ruling:
AFFIRMED District Court and held that failing to deliver repossessed vehicle to the debtor promptly after receiving notice of pending petition constituted willful violation of the automatic stay...
Judge(s):
Circuit Judges Cabranes, Raggi, and Carney (Decision by Susan L. Carney).
Tag(s):

Morning Mist Holdings Ltd. v. Krys (In re Fairfield Sentry Ltd.)

  • Summarized by Cassandra Porter , Cognizant Technology Solutions
  • 12 years 11 months ago
Citation:
11-4376
Ruling:
Second circuit upheld decisions of bankruptcy court and district court recognizing that Fairfield Sentry Limited ("Sentry") had its center of main intest ("COMI") in the British Virgin Islands...
Judge(s):
Jacobs, Chief Judge; Winter, Circuit Judge; Swain District Judge
Tag(s):

Molchatsky v. U.S.

  • Summarized by Amy Quackenboss , American Bankruptcy Institute
  • 12 years 11 months ago
Citation:
Molchatsky v. U.S., Case No. 11-2510 (2nd Cir. April 10, 2013)
Ruling:
Claims arising from the SEC's actions or inaction in its investigation of the Bernard Madoff Ponzi scheme are shielded by the Discretionary Function Exception to the Federal Tort Claims Act and are...
Judge(s):
Wesley, Droney and Alison Nathan (USDC SDNY) sitting by designation.
Tag(s):

Commodity Futures Trading Commission v. Walsh

  • Summarized by Carrie Hardman , Winston & Strawn LLP
  • 12 years 11 months ago
Citation:
Commodity Futures Trading Comm'n et al. v. 3M Employee Welfare Benefit Assoc. Trust I, et al., Case No. 11-1516-cv(L) (2d Cir. Apr. 3, 2013)
Ruling:
The Second Circuit affirmed the District Court's decision. The Second Circuit held that (1) securities fraud victims may be considered "similarly situated" for purposes of a pro rata distribution...
Judge(s):
Kearse, Pooler, and Livingston.
Tag(s):

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

  • Summarized by Nancy Kourland , Rosen & Associates, P.C.
  • 13 years 2 weeks 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):

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

  • Summarized by Weston Eguchi , Willkie Farr & Gallagher LLP
  • 13 years 3 months 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):

U.S. v. Colasuonno

  • Summarized by Gaston Loomis , McElroy, Deutsch, Mulvaney & Carpenter LLP
  • 13 years 5 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):

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
  • 13 years 5 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):

In re Charter Communications, Inc.

  • Summarized by Ferve Ozturk , BakerHostetler
  • 13 years 6 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):

Esterling v. Collecto, Inc.

  • Summarized by Wayne Greenwald , Jacobs, PC, Greenwald, P.C.
  • 13 years 6 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):

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