Summarized by G. Warner , St. John's University School of Law
10 years 8 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...
Summarized by G. Warner , St. John's University School of Law
10 years 11 months 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No. 14-2585-bk (Summary order, not precedential)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,
Summarized by G. Warner , St. John's University School of Law
11 years 2 months ago
Citation:
No. 14-1144 (2d Cir.) (Feb. 5, 2015)
Ruling:
Although the trustee is required to administer the debtor corporation's ERISA plan under 11 U.S.C. 704(a)(11), the bankruptcy court lacks jurisdiction to award compensation from the assets of the...
Summarized by G. Warner , St. John's University School of Law
15 years 2 months ago
Citation:
2011 WL 350480
Ruling:
(1) Rejecting the view that appellate standing requires that an actual pecuniary interest be affected, the majority held that an "out of the money" unsecured creditor had standing to appeal...
