Summarized by G. Warner , St. John's University School of Law
10 years 9 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...
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...
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...
Summarized by David Banker , Womble Bond Dickinson (US) LLP
10 years 10 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
The appellant was not a customer for purposes of the Securities Investor Protection Act because the Court's precedents require that a customer must have "entrusted" asset to a failed broker-dealer.
In Mohammed v. Great Atlantic & Pacific Tea Company, Inc., the Court of Appeals for the Second Circuit affirmed the decision of the United States District Court for the Southern District of New...
Docket No. 14-2538-bk (2d Cir. April 29, 2015) (Summary Order)
Ruling:
AFFIRMING the district court’s judgment affirming the bankruptcy court’s dismissal of the bankruptcy case for cause under 11 U.S.C. § 707(a), the Court of Appeals for the Second Circuit held...
Judge(s):
Sack, Droney (Circuit Judges), and Stanceu (Chief Judge of the U.S. Court of International Trade, sitting by designation)
Summarized by G. Warner , St. John's University School of Law
11 years 1 week ago
Citation:
No. 14-2585-bk (Summary order, not precedential)
Ruling:
1- Consent to final adjudication by a non-Article III bankruptcy judge of a non-core matter must be unambiguous. It can be inferred by conduct, but here the debtor's acquiescence to the bankruptcy...
Judge(s):
JOHN M. WALKER, JR., GUIDO CALABRESI, and REENA RAGGI,
