John Nagle Co. v. McCarthy (In re The Cousins Fish Market, Inc.)
Ruling:
Holdings: United States Court of Appeals for the Second Circuit held that:
1) that the Bankruptcy Court did not abuse its discretion in excluding evidence from the bench trial that had not been...
Judge(s):
JOSÉ A. CABRANES,
SUSAN L. CARNEY,
CHRISTOPHER F. DRONEY,
Ritchie Capital Management, LLC v. General Electric Capital Corp., Case No. 15-2816 (2d Cir. May 11, 2016) (per curiam)
Ruling:
The Second Circuit Court of Appeals affirmed the District Court's holding that an investor in a Ponzi scheme lacks standing to bring claims for aiding and abetting fraud and civil conspiracy to...
Affirm the District Court's dismissal of the complaint, on preemption rather than standing grounds. The rights of creditors to bring state law, fraudulent conveyance claims not limited in the...
Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
10 years 1 month ago
Citation:
2016 U.S. App. LEXIS 5787 (2d Cir. N.Y. Mar. 29, 2016)
Ruling:
The Second Circuit addressed two issues: (i) whether appellants are barred by the Bankruptcy Code's automatic stay provision from bringing state law, constructive fraudulent conveyance claims while...
Judge(s):
WINTER, DRONEY, Circuit Judges, and HELLERSTEIN, District Judge
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...
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)
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...
Summarized by Bradford Sandler , Pachulski Stang Ziehl & Jones LLP
10 years 6 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
In re Ke (Ke v. Wang), Case No. 14-3824 (2d Cir. Oct. 6, 2015) (unpublished) (per curiam)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).
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...
