Rejecting the holding of a non-precedential summary order, the Second Circuit clarified that parties may be added to an action -- without leave of the court and without reference to Fed. R. Civ. P....
Judge(s):
CALABRESI, NATHAN, Circuit Judges, AND NAGALA, District Judge
United States Court of Appeals for the Second Circuit ruled that it did not have jurisdiction to rule on the Eastern District of New York Court's order vacating the Bankruptcy Court's entry of...
When determining whether a transfer left an entity insolvent, courts must accept the facts as they are and not as they hypothetically may be. Thus, when a debtor declared property as exempt under...
The U.S. Court of Appeals for the Second Circuit affirmed two orders of the U.S. District Court for the Southern District of New York (DC) finding that the district's bankruptcy court (BC)...
The Second Circuit held that in determining damages under section 548 the "value of the property" avoided is going concern value and not liquidation value.
Judge(s):
Circuit Judges Nathan, Menashi and Merriam with Judge Menashi dissenting
Vacating and affirming in part the rulings of the U.S. District Court for the District of Connecticut (DC), U.S. Court of Appeals for the Second Circuit (Circuit) vacated the DC's ruling that the...
Judge(s):
William j. Nardini; Sarah A. L. Merriam; and Gary S. Katzmann
There is no bright-line rule providing that only purely factual or transcription errors in a consumer credit report, as opposed to “legal errors”, are actionable under the FCRA, and no...
The U.S. Court of Appeals for the Second Circuit held that 11 U.S.C.§§ 105(a) and 1123(b)(6), and prior Second Circuit authority, permit Purdue Pharma L.P. and related entities to include...
Alleged credit reporting "inaccuracy" asserted to be violation of FCRA -- that student loan at issue was reported on credit report notwithstanding plaintiff's bankruptcy -- did not constitute such...
Judge(s):
Lohier, Carney, and Nathan, Circuit Judges (Opinion by Nathan, Circuit Judge)
The U.S. Court of Appeals for the Second Circuit (Circuit) affirmed the August 31, 2022, order of the U.S. District Court for the Southern District of New York (DC) affirming a June 18, 2022, order...
