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Dekhtyar v. Chernyavsky (In re Dekhtyar)

Summarizing by Bradley Pearce

Lucas v. Dynegy Inc. (In re Dynegy, Inc.)

Citation:
No. 13-2581, Slip Op. (2d Cir. Oct. 31, 2014)
Ruling:
The circuit court affirmed the district court's ruling that the appellant lacked standing to opt out of or object to the reorganization plan on behalf of a putative class in a separate securities...
Judge(s):
Murtha, J. (sitting by designation); Walker, J.; Hall, J.
Tag(s):

Official Committee of Unsecured Creditors of Motors Liquidation Co. v. JP Morgan Chase Bank (In re Motors Liquidation Co.)

Citation:
2015 U.S. App. LEXIS 859 (2nd Cir. Jan. 21, 2015)
Ruling:
A secured party's authorization to file a UCC-3 termination statement of a UCC-1 Financing Statement filed under the Article 9 of the Uniform Commercial Code (UCC) is all that is required to...
Judge(s):
Winter, Wesley and Carney
Tag(s):

Harbour Trust Co. Ltd. v. Aaron (In re Plusfunds Group, Inc.)

Citation:
Case No. 14-817-bk(L) (2d Cir. Jan. 21, 2015) (Summary Order, not precedential)
Ruling:
Second Circuit held that the bankruptcy court abused its discretion when it denied a motion to reopen the bankruptcy case without considering what prejudice, if any, would result from granting the...
Judge(s):
Winter, Cabranes, Raggi
Tag(s):

Official Committee of Unsecured Creditors of Motors Liquidation Co. v. JP Morgan Chase Bank

Citation:
Official Committee of Unsecured Creditors of Motors Liquidation Company v. JPMorgan Chase Bank, N.A. (In re Motors Liquidation Company), Docket No. 2013-02187, --- F.3d --- (2d. Cir. Jan. 21, 2015)
Ruling:
The UCC-3 termination statement filed by the debtor terminating three UCC-1s, including one mistakenly included that related to a separate term loan, was effective to terminate the security...
Judge(s):
Winter, Wesley, and Carney, Circuit Judges
Tag(s):

Angio Dynamics, Inc. v. Biolitec, Inc.

Citation:
Docket No. 12-4364-cv (2nd Cir. January 9, 2015)
Ruling:
Non-party parent of debtor in appellate litigation was not permitted to be substituted for its subsidiary that settled underlying litigation (through its bankruptcy trustee) and dismissed appeal,...
Judge(s):
Cabranes, Hall, Chin, Circuit Judges
Tag(s):

National Credit Union Administration Board v. Golman, Sachs & Co.

Citation:
December 23, 2014 Second Circuit Court of Appeals Docket No. 14-312-cv, 2014 U.S. App. LEXIS 24390
Ruling:
The Second Circuit Court of Appeals affirmed the District Court’s decision that the National Credit Union Administration Board (“NCUA”), acting as liquidating agent for a failed credit union...
Judge(s):
Winter, Leval, and Lynch, Circuit Judges:
Tag(s):

Picard v. Ida Fishman Revocable Trust (In re Bernard Madoff Investment Securities LLC)

Citation:
12-2557-bk(L)
Ruling:
SIPA Trustee's avoidance claims to recover fictitious profits paid by Bernard L. Madoff Securities LLC to hundreds of customers were not avoidable and fell within the section 546(e) safe harbor...
Judge(s):
Parker, Lynch and Droney
Tag(s):

Krys v. Farnum Place, LLC (In re Fairfield Sentry Ltd)

Citation:
Docket No. 13-3000 (2d Cir. Sept. 26, 2014)
Ruling:
VACATING and REMANDING the district court’s order affirming the bankruptcy court’s order denying an application to conduct, in a Chapter 15 ancillary bankruptcy proceeding, a section 363 review...
Judge(s):
Newman, Walker, and Cabranes (Circuit Judges)
Tag(s):

State of Mich. Workers' Comp. Ins. Agency v. ACE Am. Ins. Co. (In re DPH Holdings Corp.)

Citation:
No. 13-3305-bk (Summary Order)
Ruling:
Second Circuit did not have jurisdiction to review the district court's permissive abstention decision. Regarding mandatory abstention, there was no evidence of abuse of discretion to require...
Judge(s):
Livingston, Droney and Nathan (S.D.N.Y. sitting by designation).
Tag(s):

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