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):

Crawford v. Franklin Credit Mgmt Corp.

Citation:
2nd Cir. Court of Appeals, Docket No. 13-2514, Decided July 11, 2014
Ruling:
Reversed district court on dismissing TILA and common law fraud claims, based on estoppel and lack of standing. Affirmed denial of plaintiff's motion for summary judgment and granting defendants'...
Judge(s):
Kearse, Jacobs, and Lynch
Tag(s):

Krys v. Pigott

Citation:
Krys v. Pigott, Case No. 12-3575(L) (2d Cir. Apr. 11, 2014)
Ruling:
Under New York law, claims of aiding and abetting (i) fraud and (ii) breach of fiduciary duty require "actual knowledge" of, respectively, the fraudulent scheme and the applicable breach of duty;...
Judge(s):
Kearse, Pooler, and Livingston
Tag(s):

Tze Wung Consultants, Ltd v. Bank of Baroda (In re Indu Craft, Inc)

Citation:
12-3901-cv
Ruling:
In bankruptcy matters, the 30-day time limit incorporated through Federal Rule of Appellate Procedure 6(b)(1) is a non-jurisdictional claim-processing rule under which an untimely appeal can...
Judge(s):
Hall, Livingston and Droney
Tag(s):

Adelphia Recovery Trust v. Goldman

Citation:
No. 11-1858, Slip Op. (2d Cir. Apr. 4, 2014)
Ruling:
Post-confirmation trust was judicially estopped from claiming that funds transferred to a cash management system were property of the debtors because the schedules and other documents filed by the...
Judge(s):
Winter, Walker, Cabranes
Tag(s):

Santiago-Monteverde v. Pereira (In re Santiago-Monteverde)

Citation:
Santiago-Monteverde v. Pereira (In re Santiago-Monteverde), No. 12-4131 (2d Cir. Mar. 31, 2014)
Ruling:
The United States Court of Appeals for the Second Circuit (“Second Circuit”) certified to the New York Court of Appeals the question: “may a rent-stabilized tenant prevent the assumption and...
Judge(s):
Sack, Parker Raggi
Tag(s):

Starr International Co., Inc. v. Federal Reserve Bank of New York

Citation:
Starr International Co., Inc. v. Federal Reserve Bank of New York, Case No. 12-5022, (2nd Cir. January 29, 2014)
Ruling:
State law fiduciary duty standard does not apply to Federal Reserve Bank of New York (“FRBNY”) performing “general fiscal duties of the United States,” as “instrumentality of the federal...
Judge(s):
Walker, Livingston, and Chin
Tag(s):

Marshall v. Picard (In re Bernard L. Madoff Investment Securities LLC)

Citation:
Docket No. 12-1645 (2d Cir. Jan. 13, 2014)
Ruling:
AFFIRMING the district court’s order, which affirmed the bankruptcy court’s approval of a settlement agreement and issuance of a permanent injunction that had the effect of enjoining the...
Judge(s):
Cabranes, Raggi, and Carney (Circuit Judges)
Tag(s):

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