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In re: DIANN MARIE CATES

Summarizing by Lars Fuller

Sagor v. Picard (In the Matter of Madoff)

Citation:
--- Fed.Appx. ---- 2017 WL 2376567 (2nd Circuit, Jun 01,2017) Not Published
Case Status:
Affirmed
Ruling:
Affirmed District and Bankruptcy Court determinations that the method for determining creditors’ claims for distributions from the Bernard L. Madoff Investment Securities, LLC was the ...
Judge(s):
Rosemary S. Pooler, Peter W. Hall, Susan L. Carney
Tag(s):

In re Lehman Brothers Holdings Inc.

Citation:
16-1296; 16-1304; 16-1306; 16-1360; 16-1361; 16-1363; 16-1365; 16-1367 (2nd Circuit, May 04,2017) Not Published
Case Status:
Affirmed
Ruling:
Claims filed by Lehman employees on account of restricted stock units, giving them a contingent right to own Lehman stock after a five-year holding period, were properly subordinated to the claims...
Judge(s):
Jacobs, Sack and Carney
Tag(s):

U.S.A. v. Kerr-McGee Corp. (In re Tronox Inc.)

Citation:
16-343, 2017WL1403001 (2nd Circuit, Apr 20,2017) Published
Case Status:
Dismissed
Ruling:
a.) Claims derived through a debtor are estate property which only a trustee can assert; b.) District Court order on a contempt motion which enforced existing injunction but made no contempt...
Judge(s):
Kearse, Wesley and Droney
Tag(s):

Brown Media Corp. v. K&L Gates, LLP

Citation:
15-4185-cv (2nd Circuit, Apr 14,2017) Not Published
Case Status:
Reversed
Ruling:
The 2nd Cir Ct of App held that res judicata did not bar plaintiff claims of breach of fiduciary duty, tortious interference and fraud against defendant law firm in connection with plaintiff’s...
Judge(s):
Hall, Livingston, Circuit Judges, and Garaufis, District Judge, sitting by designation
Tag(s):

Cosmetic Plus Group Ltd. v. Gowan (In re Dreier LLP)

Citation:
16-2827 (2d Circuit, Mar 21, 2017) (2nd Circuit, Mar 21,2017) Not Published
Case Status:
Affirmed
Ruling:
The Second Circuit held that a claim against a law firm for settlement proceeds received by the law firm on behalf of the client was a general unsecured claim where the law firm dissipated the...
Judge(s):
Dennis Jacobs, Robert D. Sack, and Paul A. Engelmayer (District Judge)
Tag(s):

Buchwald v. The Renco Group, Inc. (In re Magnesium Corp. of Am.)

Citation:
15-2691-bk; 15-2962-bk; 15-2971-bk (2nd Circuit, Mar 08,2017) Not Published
Case Status:
Affirmed
Ruling:
Affirmance of trial court decisions allowing jury trial, various trial rulings, and denial of new-trial motion based on compromise verdict. The cross appeal by Plaintiff on the claim that the...
Judge(s):
Reena Raggi, Raymond J. Lohier, Jr., Christopher F. Droney
Tag(s):

Mack v. ResCap Borrower Claims Trust, case no. 16-304-bk (2nd Cir. 2017) (summary order)

Citation:
16-304-bk (2nd Circuit, Jan 31,2017) Published
Case Status:
Affirmed
Ruling:
The 2nd Cir. (a) held that res judicata, based on FL law, barred claim against bankrupt trust for malicious prosecution by loan servicer relating to the trust where plaintiff had previously won...
Judge(s):
Circuit Judges Ralph K. Winter, Jose A. Cabranes and Gerard E. Lynch
Tag(s):

Mack v. ResCap Borrower Claims Trust

Citation:
16-304-bk (2nd Circuit, Jan 31,2017) Not Published
Case Status:
Affirmed
Ruling:
1. Proof of claim for malicious prosecution was barred by res judicata effect of prior slander of title action. 2, Proof of claim for debtor's failure to timely respond under RESPA was...
Judge(s):
Winter, Cabranes, Lynch
Tag(s):

Collins v. J&N Restaurant Assoc., Inc.

Citation:
16-1362 (2nd Circuit, Jan 19,2017) Published
Case Status:
Affirmed
Ruling:
Affirmed district court affirming bankruptcy court dismissing fraudulent transfer action. Terms of defendants' own plans of reorganization precluded claim, even as administration claim.
Judge(s):
Chin, Raggi, Lohier
Tag(s):

Trikona Advisers Ltd. v. Chugh

Citation:
14-975-cv (2nd Circuit, Jan 18,2017) Published
Case Status:
Affirmed
Ruling:
Cayman court ruling was entitled to preclusive effect in litigation pending in Connecticut district court, rejecting appellant's 5 arguments. 1.Chapter 15 of the Bankruptcy Code did not preclude...
Judge(s):
Walker, Chin, and Lohier, Circuit Judges
Tag(s):

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