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In re: DIANN MARIE CATES

Summarizing by Lars Fuller

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):

U.S.A. v. Bond

Citation:
Docket No. 12-4803-bk (2d Cir. August 13, 2014)
Ruling:
The bankruptcy court lacked subject matter jurisdiction to decide a tax refund claim because the liquidating trustee appointed pursuant to the Debtors' confirmed plan of reorganization did not...
Judge(s):
Jacobs, Sack, and Lohier
Tag(s):

Picard v. Fairfield Greenwich; Picard v. Schneiderman

Citation:
Picard v. Fairfield Greenwich; Picard v. Schneiderman, 13‐1289‐bk (L) 13‐1392‐cv (CON); 13‐1785, (2d Cir. August 8, 2014)
Ruling:
The United States Court of Appeals for the Second Circuit held that the trustee for the liquidation of Bernard L. Madoff Investment Securities LLC (ʺBLMISʺ) and of the bankruptcy estate of...
Judge(s):
SACK, CHIN, and DRONEY, Circuit Judges
Tag(s):

Geron v. Seyfarth Shaw LLP (In re Thelen LLP)

Citation:
Docket No. 12‐4138‐bk (2d Cir. Aug. 6, 2014)
Ruling:
After receiving the response of the New York Court of Appeals to two certified questions, the Second Circuit affirmed the decision of the United States District Court for the Southern District of...
Judge(s):
Lynch, Chin, and Carney
Tag(s):

Bulan v. Calloway

Citation:
U.S. COURT OF APPEALS FOR THE SECOND CIRCUIT August Term, 2013, Docket No. 12‐1603‐bk
Ruling:
Affirmed District Court affirming Bankruptcy Court's determination that New York State's increased homestead exemption, from $10,000 to $50,000, applied to judgment liens existing before the...
Judge(s):
Circuit Judges: Richard C. Wesley and Christopher F. Droney, and District Court Judge Vincent L. Briccetti (SDNY) sitting by designation.
Tag(s):

Berger & Associates Attorneys v. Kran (In re Kran)

Citation:
Docket No. 13-1931 (2nd Cir. July 25, 2014)
Ruling:
Court of Appeals affirmed the lower courts' decisions that the debtor was entitled to a discharge because denial of discharge is an extreme penalty, with exceptions to be narrowly construed, and...
Judge(s):
Straub, Sack, and Lohier, Circuit Judges
Tag(s):

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