Summarized by Joel Levitin , Cahill Gordon & Reindel LLP
11 years 4 months ago
Citation:
Docket No. 12-4364-cv (2nd Cir. January 9, 2015)
Ruling:
Non-party parent of debtor in appellate litigation was not permitted to be substituted for its subsidiary that settled underlying litigation (through its bankruptcy trustee) and dismissed appeal,...
Summarized by Joel Levitin , Cahill Gordon & Reindel LLP
11 years 9 months ago
Citation:
Docket No. 12-4803-bk (2d Cir. August 13, 2014)
Ruling:
The bankruptcy court lacked subject matter jurisdiction to decide a tax refund claim because the liquidating trustee appointed pursuant to the Debtors' confirmed plan of reorganization did not...
Summarized by Joel Levitin , Cahill Gordon & Reindel LLP
11 years 10 months ago
Citation:
Docket No. 13-1931 (2nd Cir. July 25, 2014)
Ruling:
Court of Appeals affirmed the lower courts' decisions that the debtor was entitled to a discharge because denial of discharge is an extreme penalty, with exceptions to be narrowly construed, and...
Held that the district court did not err in refusing to dismiss the complaint as untimely on the basis that the bankruptcy court's direction to file amended and/or separate claims constituted a de...
Summarized by Joel Levitin , Cahill Gordon & Reindel LLP
12 years 8 months ago
Citation:
Case No. 12-4356-bk (2d Cir. September 17, 2013)
Ruling:
By Summary Order (with no precedential effect), the Court of Appeals affirmed the judgments of the lower courts. With respect to the dismissal of the fraud claim, the Court of Appeals held that...
Judge(s):
Reena Raggi, Gerard E. Lynch, Raymond j. Lohier, Jr., Circuit Judges
Summarized by Joel Levitin , Cahill Gordon & Reindel LLP
13 years 1 week ago
Citation:
Docket No. 12-1632-bk (2nd Cir. May 8, 2013)
Ruling:
AFFIRMED District Court and held that failing to deliver repossessed vehicle to the debtor promptly after receiving notice of pending petition constituted willful violation of the automatic stay...
Judge(s):
Circuit Judges Cabranes, Raggi, and Carney (Decision by Susan L. Carney).
Summarized by Joel Levitin , Cahill Gordon & Reindel LLP
14 years 2 months ago
Citation:
Docket No. 10-2723-bk (2nd Cir. February 28, 2012)
Ruling:
The Bankruptcy Court should not have applied the choice of law rules of New York, where Coudert Brothers LLP filed for Chapter 11 protection, but instead the choice of law rules of Connecticut,...
Orders of the district court were affirmed. The District Court properly determined that the Bankruptcy Court (1) did not abuse its discretion in denying the appellants’ motion to reopen the...
Summarized by Joel Levitin , Cahill Gordon & Reindel LLP
15 years 6 months ago
Citation:
(2nd Circuit, Dec 31,1969)
Ruling:
Security interest in natural gas in storage facility that is subordinated to the right of a party to use such gas until a guaranty default (including the filing of a bankruptcy petition by Enron)...
