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Tendering Phones Holders, et al. v. Large Private Benefecial Owners, et al. (In re Tribune Company Fraudulent Conveyance Litigation)

  • Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
  • 10 years 3 weeks 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
Tag(s):

Estate of Stanley Cora v. Jahrling (In re Jahrling)

  • Summarized by Daniel Waxman , KEWA Financial Inc.
  • 10 years 3 weeks ago
Citation:
Estate of Stanley Cora v. Jahrling (In re Jahrling), Case No. 15-2252 (7th Cir. Mar. 18, 2016)
Ruling:
Legal malpractice judgment entered against the debtor was not dischargeable because the judgment was for a "defalcation while acting in a fiduciary capacity." The Court held that although legal...
Judge(s):
Kanne, Rovner, and Hamilton
Tag(s):

Jepson v. Bank of New York Mellon (In re Jepson)

  • Summarized by Daniel Waxman , KEWA Financial Inc.
  • 10 years 3 weeks ago
Citation:
Jepson v. Bank of New York Mellon (In re Jepson), Case No. 14-2459 (7th Cir. Mar. 22, 2016)
Ruling:
The Court of Appeals ruled that, under New York law, a debtor-homeowner, does not have standing to challenge the assignment of a note / mortgage based upon the lender's alleged failure to comply...
Judge(s):
Posner, Ripple, and Hamilton
Tag(s):

Arnold, et al. v. Arnold (In re Arnold)

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 10 years 4 weeks ago
Citation:
Arnold, et al. v. Arnold (In re Arnold), Case No. 15-031 (BAP 10th Cir. March 15, 2016). Unpublished.
Ruling:
In an award of attorney’s fees under Colorado’s civil theft statute, bankruptcy court not required to follow the 5th Circuit’s factors enunciated in Johnson v. Georgia Highway Express, Inc.,...
Judge(s):
Karlin, Cornish, Michael (Cornish)
Tag(s):

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