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In re Picard

Citation:
No. 17-2992(L), 2019 WL 903978 (2nd Circuit, Feb 25,2019) Published
Case Status:
Reversed and Remanded
Ruling:
Neither the presumption against extraterritoriality nor international comity principles bar the trustee of a domestic debtor from recovering property that the debtor transferred to a foreign entity...
Judge(s):
Jacobs, Pooler, Wesley
Tag(s):

Lehman XS Trust v. Greenpoint Mortage Funding, Inc.

Citation:
No. 17-1290, 2019 WL 452888 (2nd Circuit, Feb 06,2019) Published
Case Status:
Affirmed
Ruling:
District court properly dismissed U.S. Bank's claims as untimely. The claims were for breach of contract, indemnification, and breach of indemnification agreements.
Judge(s):
Wesley, Chin, Carney
Tag(s):

The PACA Trust Creditors v. Genecco Produce Inc.

  • Summarized by Joel Levitin , Cahill Gordon & Reindel LLP
  • 5 years 11 months ago
Citation:
17-1949-cv, 17-2051-cv (2nd Circuit, Jan 09,2019) Published
Case Status:
Affirmed
Ruling:
Defendant in PACA action, which was both a supplier to, and a buyer of, produce from the debtor, was not entitled to a complete offset of such mutual obligations existing on the bankruptcy filing...
Judge(s):
Sack, Raggi, and Chin, Circuit Judges
Tag(s):

Federal Trade Commission v. Federal Check Processing

  • Summarized by Joel Levitin , Cahill Gordon & Reindel LLP
  • 5 years 11 months ago
Citation:
16-3811-cv, 16-3805-cv (2nd Circuit, Jan 11,2019) Published
Case Status:
Affirmed
Ruling:
By summary judgment in favor of the FTC, individual defendant was responsible for debt collection practices of his businesses that violated the Federal Debt Collection Practices Act and the FTCA...
Judge(s):
Cabranes, Sack, and Parker, Circuit Judges
Tag(s):

Auslander v. Murray

  • Summarized by Wayne Greenwald , Jacobs, PC, Greenwald, P.C.
  • 6 years 4 months ago
Citation:
17-1272 (2nd Circuit, Aug 14,2014) Published
Case Status:
Affirmed
Ruling:
Bankruptcy Court did not abuse its discretion in sua sponte dismissing a single creditor involuntary petition for cause, under 11 U.S.C. 707(a). Bankruptcy Court was being used as a collection...
Judge(s):
Walker, Hall, and Lohier, Circuit Judges
Tag(s):

Bank v. Lehman Brothers Holdings Inc.

  • Summarized by Wayne Greenwald , Jacobs, PC, Greenwald, P.C.
  • 6 years 5 months ago
Citation:
17-2700-bk (2nd Circuit, Jul 18,2018) Not Published
Case Status:
Affirmed
Ruling:
Applying the "Winston" factors, See, Winston v. Mediafare Entm’t Corp., 777 F.2d 78 (2d Cir. 1985), the Court determined that the parties intended to be bound to a settlement, absent a signed...
Judge(s):
Peter W. Hall Susan L. Carney Circuit Judges John G. Koelti District Judge
Tag(s):

A&G Goldman PA v. Picard

  • Summarized by Joel Levitin , Cahill Gordon & Reindel LLP
  • 6 years 6 months ago
Citation:
17-512-bk (2nd Circuit, Jun 27,2018) Not Published
Case Status:
Affirmed
Ruling:
SUMMARY ORDER WITH NO PRECEDENTIAL EFFECT. Held that purported securities claim for control person liability asserted by customers in Florida action was instead a disguised claim for the...
Judge(s):
Pierre N. Leval, Gerard E. Lynch, and Christopher F. Droney, Circuit Judges
Tag(s):

Townsend v. Ganci

  • Summarized by Theresa Driscoll , Moritt Hock & Hamroff LLP
  • 6 years 6 months ago
Citation:
17-921-bk (2nd Circuit, Jun 11,2018) Not Published
Case Status:
Affirmed
Ruling:
Summary Order, WITH NO PRECEDENTIAL EFFECT. Debt arising from civil judgment based on Title VII hostile work environment claims following jury trial held non-dischargeable under section 523(a)(6)...
Judge(s):
Cabranes, J.; Lynch, J.; Carney, J.
Tag(s):

Wallach v. Smith (In re Nanodynamics, Inc.)

  • Summarized by Joel Levitin , Cahill Gordon & Reindel LLP
  • 6 years 7 months ago
Citation:
17-2410-cv (2nd Circuit, Jun 13,2018) Not Published
Case Status:
Affirmed
Ruling:
Summary Order, WITH NO PRECEDENTIAL EFFECT. Stock subscription agreement not enforceable by Chapter 7 trustee in bankruptcy under 11 U.S.C. section 365(c)(2), which precludes assumption of " a...
Judge(s):
Dennis Jacobs, Denny Chin, and Raymond J. Lohier, Jr., Circuit Judges
Tag(s):

Liberty Towers Realty, LLC v. Richmond Liberty LLC

  • Summarized by Nascine Howell , Seyfarth Shaw LLP
  • 6 years 7 months ago
Citation:
17-2037 (2nd Circuit, May 31,2018) Not Published
Case Status:
Affirmed
Ruling:
In a summary order, the Second Circuit Court of Appeals affirmed the district court’s decision, finding, among other things, that: (i) the debtors-appellants had consented to the derivative...
Judge(s):
The Honorable Rosemary S. Pooler; The Honorable Richard C. Wesley; and The Honorable Raymond J. Lohier
Tag(s):

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