Summarized by David Banker , Womble Bond Dickinson (US) LLP
15 years 3 months ago
Citation:
(2nd Circuit, Dec 31,1969)
Ruling:
The United States Court of Appeals for the Second Circuit affirmed the judgment of the United States District Court for the Southern District of New York, and ruled that the trustee of a bankrupt...
Summarized by Henry Baer , Finn Dixon & Herling LLP
15 years 4 months ago
Citation:
(2nd Circuit, Dec 31,1969)
Ruling:
Circuit court summarily affirmed the District Court's dismissal of appellant's appeal from a decision of the Bankruptcy Court for the Southern District of New York.
A prevailing pro se attorney-litigant is ineligible to seek and be awarded reasonable litigation costs, including attorney’s fees, in a proceeding relating to the collection of tax, interest, or...
Holding that attorneys who appear pro se and prevail in an administrative or court proceeding against the United States in connection with the determination, collection or refund of any tax,...
Summarized by Joel Levitin , Cahill Gordon & Reindel LLP
15 years 4 months ago
Citation:
(2nd Circuit, Dec 31,1969)
Ruling:
Security interest in natural gas in storage facility that is subordinated to the right of a party to use such gas until a guaranty default (including the filing of a bankruptcy petition by Enron)...
Summarized by David Banker , Womble Bond Dickinson (US) LLP
15 years 5 months ago
Citation:
(2nd Circuit, Dec 31,1969)
Ruling:
A proof of claim filed in bankruptcy court cannot form the basis for a claim under the Fair Debt Collection Practices Act ("FDCPA"). 15 U.S.C. § 1692 et seq. Federal courts have consistently...
Summarized by Henry Baer , Finn Dixon & Herling LLP
15 years 6 months ago
Citation:
2010 WL 3465650 (2d Cir. September 7, 2010)
Ruling:
The Second Circuit affirmed that portion of the district court’s decision that upheld the constitutionality of the disclosure requirements of 11 U.S.C. § 527 and the contract requirements of §...
Judge(s):
Circuit Judges: Pierre N. Leval, Reena Raggi;
District Judge, E.D.N.Y. (by designation): John Gleeson
Opinion by Raggi, Circuit Judge
Summarized by Henry Baer , Finn Dixon & Herling LLP
15 years 6 months ago
Citation:
2010 WL 3341428 (2d Cir. August 26, 2010)
Ruling:
The Court first held that the Trustee, although not “aggrieved” by the rulings of the bankruptcy court, had standing to appeal on the basis of the broad authorization found in 11 U.S.C. § 307...
Judge(s):
Leval, Katzmann and Livingston. Opinion by J. Livingston.