New GM is not liable for punitive damage claims asserted by parties to post-Sale accidents involving automobiles manufactured by Old GM, even if New GM is liable for compensatory damages, because...
A default judgment issued as a sanction has preclusive effect for purposes of determining dischargeability of a debt, but where a single judgment involves two underlying debts, the court must...
Judge(s):
POOLER, CHIN, Circuit Judges, and VITALIANO, District Judge
The Second Circuit Court of Appeals affirmed the bankruptcy court’s decision, finding that the trustee’s recovery of a portion of the proceeds from the debtor’s unauthorized post-petition...
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...
District court properly dismissed U.S. Bank's claims as untimely. The claims were for breach of contract, indemnification, and breach of indemnification agreements.
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...
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...
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...
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
