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...
Nos. 10-2257-bk(L), 10-2411-bk (XAP) (2d Cir. May 5, 2011)
Ruling:
The Court ruled that K&L Gates had too remote an interest in a settlement agreement to have been considered a "party in interest" under Bankruptcy Code section 1109 for purposes of being heard by...
The Court held that Kombassan was liable for the ERISA withdrawal liabiity of HOM based on Kombassian being the alter ego of the HOM shareholders in continuing to exercise complete control over...
Summarized by G. Warner , St. John's University School of Law
15 years 4 months ago
Citation:
2011 WL 350480
Ruling:
(1) Rejecting the view that appellate standing requires that an actual pecuniary interest be affected, the majority held that an "out of the money" unsecured creditor had standing to appeal...
Rejecting the district court’s ratification analysis, the Second Circuit held that, as a successor in interest of the Adelphia DIP the Adelphia Recovery Trust’s (“ART”) fraudulent...
In deciding the issues of jurisdiction and abstention, the United States Court of Appeals for the Second Circuit held that the United States District Court for the Southern District of New York...
Affirmed in part (Dismissing Diesel’s claims), Reversed in part (Reversed order by District Court awarding Greystone damages on its counterclaim against Props for unjust enrichment).
As to...
The Court held that the bankruptcy court did not abuse its discretion in approving a compromise between certain Lehman entities and third-party entities. The Court found that the order approving...
