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In re: DIANN MARIE CATES

Summarizing by Lars Fuller

John Nagle Co. v. McCarthy (In re The Cousins Fish Market, Inc.)

Citation:
John Nagle Co. v. McCarthy (In re The Cousins Fish Market, Inc.)
Ruling:
Holdings: United States Court of Appeals for the Second Circuit held that: 1) that the Bankruptcy Court did not abuse its discretion in excluding evidence from the bench trial that had not been...
Judge(s):
JOSÉ A. CABRANES, SUSAN L. CARNEY, CHRISTOPHER F. DRONEY,
Tag(s):

Ritchie Capital Management v. GECC

Citation:
Ritchie Capital Management, LLC v. General Electric Capital Corp., Case No. 15-2816 (2d Cir. May 11, 2016) (per curiam)
Ruling:
The Second Circuit Court of Appeals affirmed the District Court's holding that an investor in a Ponzi scheme lacks standing to bring claims for aiding and abetting fraud and civil conspiracy to...
Judge(s):
WALKER, CALABRESI, and HALL
Tag(s):

Tendering Phones Holders, et al. Large Private Beneficial Owners, et al. (In re Tribune Company Fraudulent Conveyance Litigation)

Citation:
13-3992-cv
Ruling:
Affirm the District Court's dismissal of the complaint, on preemption rather than standing grounds. The rights of creditors to bring state law, fraudulent conveyance claims not limited in the...
Judge(s):
Winter, Droney & Hellerstein
Tag(s):

Tendering Phones Holders, et al. v. Large Private Benefecial Owners, et al. (In re Tribune Company Fraudulent Conveyance Litigation)

Citation:
2016 U.S. App. LEXIS 5787 (2d Cir. N.Y. Mar. 29, 2016)
Ruling:
The Second Circuit addressed two issues: (i) whether appellants are barred by the Bankruptcy Code's automatic stay provision from bringing state law, constructive fraudulent conveyance claims while...
Judge(s):
WINTER, DRONEY, Circuit Judges, and HELLERSTEIN, District Judge
Tag(s):

Supplement B Pilot Beneficiaries v. AMR Corp. (In re AMR Corp.)

Citation:
No. 14-4274-bk (2d Cir. Dec. 7, 2015) (summary order)
Ruling:
Affirming the district and bankruptcy court judgments/orders, the Second Circuit held, inter alia, (1) debtors' negotiations with union, as "authorized representative" of employees, complied with...
Judge(s):
D. Jacobs, R. Lohier, G. Crawford (sitting by designation)
Tag(s):

Cherry Valley Associates, LLC v. Fiorano Tile Imports, Inc. (In re Fiorano Tile Imports, Inc.)

Citation:
2nd Cir. No. 14-3915 (2015)
Ruling:
Summary Order affirming the decision of the United States District Court for the Eastern District of New York holding that the Plan was substantially consummated under 11 U.S.C. § 1101(2) of the...
Judge(s):
BARRINGTON D. PARKER, GERARD E. LYNCH, and SUSAN L. CARNEY
Tag(s):

Ke v. Wang (In re Ke)

Citation:
In re Ke (Ke v. Wang), Case No. 14-3824 (2d Cir. Oct. 6, 2015) (unpublished) (per curiam)
Ruling:
The Second Circuit affirmed the bankruptcy court and district court's ruling that that a debt was nondischargeable by the chapter 7 debtor because it was incurred by intentional or extremely...
Judge(s):
Dennis Jacobs, Peirre N. Leval, Geoffrey W. Crawford (District Judge sitting by designation).
Tag(s):

ADAR 980 Realty, LLC v. Avraham Sofer (In re Avraham Sofer)

Citation:
No. 14-3464-bk (Summary Order) (2d Cir. Sept. 1, 2015)
Ruling:
Appellant lacked prudential standing because it failed to demonstrate a sufficient particularized injury. "The prudential standing rule normally bars litigants from asserting the rights or legal...
Judge(s):
Calabresi, Straub, Pooler.
Tag(s):

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