Statek Corp. v. Development Specialists, Inc. (In re Coudert Brothers LLP)

• Summarized by Jordan Wishnew , Shearman & Sterling LLP
• 9 years 1 week ago

Citation:

14-3688-bk

Ruling:

If the Circuit Court of Appeals elects to consider a new argument on appeal, then on remand, the lower court may not ignore the Court of Appeal's ruling on the basis that it relied on a...

Judge(s):

Cabranes, Pooler, and Chin

Tag(s):

• 2nd Circuit
• Bankruptcy Litigation
• Practice and Procedure

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

• Summarized by Weston Eguchi , Willkie Farr & Gallagher LLP
• 9 years 1 month ago

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):

• 2nd Circuit
• Airlines
• Alternative Dispute Resolution
• Business Reorganization
• § 105
• § 1113

Schaeffler, et al. v. U.S.A.

• Summarized by Jordan Wishnew , Shearman & Sterling LLP
• 9 years 2 months ago

Citation:

14-1965-cv (2d Cir. Nov. 10, 2015)

Ruling:

The attorney-client privilege was not waived by the sharing of documents with a consortium of banks having a common legal interest with appellants in the tax treatment of a refinancing and...

Judge(s):

Winter, Walker and Droney

Tag(s):

• 2nd Circuit
• Bankruptcy Process and Procedure
• Practice and Procedure

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

• Summarized by Bradford Sandler , Pachulski Stang Ziehl & Jones LLP
• 9 years 2 months ago

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):

• 2nd Circuit
• Bankruptcy Process and Procedure
• Real Estate

Ke v. Wang (In re Ke)

• Summarized by Ryan Heilman , Heilman Law PLLC
• 9 years 3 months ago

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In re Ke (Ke v. Wang), Case No. 14-3824 (2d Cir. Oct. 6, 2015) (unpublished) (per curiam)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):

• 2nd Circuit
• Discharge/Dischargeability

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

• Summarized by Weston Eguchi , Willkie Farr & Gallagher LLP
• 9 years 4 months ago

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):

• 2nd Circuit
• Bankruptcy Litigation

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

• Summarized by G. Warner , St. John's University School of Law
• 9 years 5 months ago

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):

• 2nd Circuit
• Claims
• Plan Confirmation
• § 1141
• § 506

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

• Summarized by Ferve Ozturk , BakerHostetler
• 9 years 5 months ago

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):

• 2nd Circuit
• Fraud
• Investment Banking

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

• Summarized by Wayne Greenwald , Jacobs, PC, Greenwald, P.C.
• 9 years 6 months ago

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):

• 2nd Circuit
• Bankruptcy Process and Procedure
• Professional Practice Areas
• 11 U.S.C § 303
• 11 U.S.C § 305

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

• Summarized by David Banker , Womble Bond Dickinson
• 9 years 6 months ago

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):

• 2nd Circuit
• Administrative Expense Claims
• Business Reorganization
• Labor/Employment
• § 503

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