Alleged credit reporting "inaccuracy" asserted to be violation of FCRA -- that student loan at issue was reported on credit report notwithstanding plaintiff's bankruptcy -- did not constitute such...
Judge(s):
Lohier, Carney, and Nathan, Circuit Judges (Opinion by Nathan, Circuit Judge)
Defendant in PACA action, which was both a supplier to, and a buyer of, produce from the debtor, was not entitled to a complete offset of such mutual obligations existing on the bankruptcy filing...
By summary judgment in favor of the FTC, individual defendant was responsible for debt collection practices of his businesses that violated the Federal Debt Collection Practices Act and the FTCA...
SUMMARY ORDER WITH NO PRECEDENTIAL EFFECT. Held that purported securities claim for control person liability asserted by customers in Florida action was instead a disguised claim for the...
Judge(s):
Pierre N. Leval, Gerard E. Lynch, and Christopher F. Droney, Circuit Judges
Summary Order, WITH NO PRECEDENTIAL EFFECT. Stock subscription agreement not enforceable by Chapter 7 trustee in bankruptcy under 11 U.S.C. section 365(c)(2), which precludes assumption of " a...
Judge(s):
Dennis Jacobs, Denny Chin, and Raymond J. Lohier, Jr., Circuit Judges
(1) Standard for review of district court's invocation of judicial estoppel doctrine is abuse of discretion. (2) District court abused discretion in dismissing personal injury case on the basis of...
(1)Bankruptcy court had post-confirmation jurisdiction to adjudicate dispute over interpretation of contract assumed by debtor during bankruptcy-if Netflix had been permitted to stream films before...
Judge(s):
Reena Raggi and Raymond J. Lohler, Jr., Circuit Judges, and Joan M. Azrack, District Judge for E.D.N.Y. sitting by designation
SUMMARY ORDER -- NO PRECEDENTIAL EFFECT. Two former employees of Lehman were not entitled to separate claims against Lehman for bonus claims tied to their employment that were assumed and paid by...
Judge(s):
Dennis Jacobs, Debra Ann Livingston, Circuit Judges; George B. Daniels, District Judge
Cayman court ruling was entitled to preclusive effect in litigation pending in Connecticut district court, rejecting appellant's 5 arguments. 1.Chapter 15 of the Bankruptcy Code did not preclude...
Summarized by Joel Levitin , Cahill Gordon & Reindel LLP
11 years 3 months ago
Citation:
No. 14-1422-bk (2nd Cir. February 11, 2015) (Summary Order)
Ruling:
In Summary Order, with no precedential effect, the Court held that individual debtors were collaterally estopped in the context of non-dischargeablity litigation in bankruptcy from relitigating...
Judge(s):
Barrington D. Parker, Peter W. Hall, and Debra Ann Livingston, Circuit Judges
