City of Concord, N.H. v. Northern New England Telephone Operations LLC (In re Northern New England Telephone Operations LLC)

Citation:
No. 14-3381-bk (Aug. 4, 2015)
Ruling:
The Court adopts the view that a lien can be extinguished by a Chapter 11 plan under 1141(c) only if the creditor has "participated" in the bankruptcy proceeding. See Penrod, 50 F.3d 459 (CA7...
Judge(s):
Jacobs, with Newman & Raggi
Tag(s):

Loreley Financing (Jersey) No. 3 Ltd., et al. v. Wells Fargo Securities, LLC, et al.

Citation:
Loreley Financing (Jersey) No. 3 v. Wells Fargo Securities, LLC, No. 13-CV-1476 Slip Op. (2d Cir. July 24, 2015)
Ruling:
The Circuit Court held that the district court erred in aspects of its dismissal under Rule 12(b)(6). The court found that (1) Plaintiffs' identification of the group defendants suffices to meet...
Judge(s):
Leval, Calabresi, Lynch
Tag(s):

Crest One SpA v. TPG Troy, LLC (In the Matter of TPG Troy, LLC)

Citation:
2015 U.S. App. LEXIS 12085
Ruling:
Order affirming District Court affirming District Court decision affirming Bankruptcy Court 1) dismissing involuntary petition; 2) denying the petitioners’ motion to withdraw the reference; and...
Judge(s):
Winter, Pooler and Sack, Circuit Judges
Tag(s):

Food Employers Labor Relations Assoc. v. The Great Atlantic & Pacific Tea Co.

Citation:
14-3349-bk; 2d. Cir. July 2, 2015 (Summary Order - No precedential effect)
Ruling:
The United States Court of Appeals for the Second Circuit affirmed the United States District Court for the Southern District of New York's judgment affirming the Bankruptcy Court's holding that...
Judge(s):
Guido Calabresi, Circuit Judge Debra Ann Livingston, Circuit Judge William K. Sessions III, United States District Court for the District of Vermont, sitting by designation
Tag(s):

CarVal UK Ltd. v. Giddens (In The Matter of Lehman Brothers, Inc.)

Citation:
No. 14-890, Slip Op. (2d Cir. June 29, 2015)
Ruling:
The appellant was not a customer for purposes of the Securities Investor Protection Act because the Court's precedents require that a customer must have "entrusted" asset to a failed broker-dealer.
Judge(s):
Katzmann, Walker, Chin
Tag(s):

Mohammed v. Great Atlantic & Pacific Tea Co., Inc.

Citation:
Case No. 14-3415 (2d Cir. June 10, 2015)
Ruling:
In Mohammed v. Great Atlantic & Pacific Tea Company, Inc., the Court of Appeals for the Second Circuit affirmed the decision of the United States District Court for the Southern District of New...
Judge(s):
Wesley, Hall, and Lohier
Tag(s):

Gilboy v. Reukema

Citation:
Docket No. 14-2538-bk (2d Cir. April 29, 2015) (Summary Order)
Ruling:
AFFIRMING the district court’s judgment affirming the bankruptcy court’s dismissal of the bankruptcy case for cause under 11 U.S.C. § 707(a), the Court of Appeals for the Second Circuit held...
Judge(s):
Sack, Droney (Circuit Judges), and Stanceu (Chief Judge of the U.S. Court of International Trade, sitting by designation)
Tag(s):

Empire State Building Co., L.L.C. v. New York Skyline, Inc. (In re New York Skyline, Inc.)

Citation:
No. 14-2585-bk (Summary order, not precedential)
Ruling:
1- Consent to final adjudication by a non-Article III bankruptcy judge of a non-core matter must be unambiguous. It can be inferred by conduct, but here the debtor's acquiescence to the bankruptcy...
Judge(s):
JOHN M. WALKER, JR., GUIDO CALABRESI, and REENA RAGGI,
Tag(s):

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