Internal Revenue Service v. WorldCom, Inc. (In re WorldCom, Inc.), Second Circuit Court of Appeals Case No. 12-803
Ruling:
In reversing and remanding District Court's affirmance of Bankruptcy Court's granting of Debtors' objection to IRS's proof of claim and Debtors' motion for refund of previously paid taxes, Second...
Judge(s):
A.Kearse, R. Katzmann and J.Rakoff (District Judge sitting by designation)
Liquidators of Lehman Brothers Australia LImited, Liquidator, Dante Noteholders v. Lehnman Brothers Special Financing Inc. (in re Lehman Brother Holdings Inc.), ___ F3d ___, ___ WL _______ (2d Cir. Oct. 4, 2012), Case No. 11-2967-cv (LEAD), 11-2992-cv (CON)
Ruling:
The Circuit Court VACATED and REMANDED the judgment of the District Court and REINSTATED the appeal for consideration of the Bankruptcy Court order denying intervention on the merits.
Given...
Judge(s):
Jacobs, Chief Judge, and Chin and Droney, Circuit Judges
First, in vacating the lower courts’ rulings finding the lease at issue not to be unexpired, the Court held that a lease is unexpired for purposes of section 365(d)(3) of the Bankruptcy Code...
Because two Illinois state court cases can be "timely adjudicated" in Illinois state court, abstention is mandatory under section 1334(c)(2) of Title 28. Thus, the federal district court's...
Judge(s):
Cabranes and Wesley, Circuit Judges, and Koeltl, District Judge
The Court held that Kombassan was liable for the ERISA withdrawal liabiity of HOM based on Kombassian being the alter ego of the HOM shareholders in continuing to exercise complete control over...
