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Summaries by Wayne Greenwald
- Summarized by Wayne Greenwald , Jacobs, PC, Greenwald, P.C.
- 1 year 5 months ago
- Ruling:
- There is no bright-line rule providing that only purely factual or transcription errors in a consumer credit report, as opposed to “legal errors”, are actionable under the FCRA, and no...
- Judge(s):
- Cabranes, Nardini, Merriam
- Tag(s):
-
- Summarized by Wayne Greenwald , Jacobs, PC, Greenwald, P.C.
- 6 years 4 months ago
- Citation:
- 17-1272 (2nd Circuit, Aug 14,2014) Published
- Case Status:
- Affirmed
- Ruling:
- Bankruptcy Court did not abuse its discretion in sua sponte dismissing a single creditor involuntary petition for cause, under 11 U.S.C. 707(a). Bankruptcy Court was being used as a collection...
- Judge(s):
- Walker, Hall, and Lohier, Circuit Judges
- Tag(s):
-
- Summarized by Wayne Greenwald , Jacobs, PC, Greenwald, P.C.
- 6 years 5 months ago
- Citation:
- 17-2700-bk (2nd Circuit, Jul 18,2018) Not Published
- Case Status:
- Affirmed
- Ruling:
- Applying the "Winston" factors, See, Winston v. Mediafare Entm’t Corp., 777 F.2d 78 (2d Cir. 1985), the Court determined that the parties intended to be bound to a settlement, absent a signed...
- Judge(s):
- Peter W. Hall Susan L. Carney Circuit Judges John G. Koelti District Judge
- Tag(s):
-
- Summarized by Wayne Greenwald , Jacobs, PC, Greenwald, P.C.
- 6 years 10 months ago
- Citation:
- 16 ‐ 2496 (2nd Circuit, Mar 07,2018) Published
- Case Status:
- Affirmed
- Ruling:
- Affirmed order denying arbitration of debtor's class action claim alleging violation of discharge injunction.. Court found arbitration of a claim based on an alleged violation of Section 524(a)(2)...
- Judge(s):
- Pooler and Droney, Circuit Judges , and Ramos District Judge .
- Tag(s):
-
- Summarized by Wayne Greenwald , Jacobs, PC, Greenwald, P.C.
- 7 years 7 months ago
- Citation:
- --- Fed.Appx. ---- 2017 WL 2376567 (2nd Circuit, Jun 01,2017) Not Published
- Case Status:
- Affirmed
- Ruling:
- Affirmed District and Bankruptcy Court determinations that the method for determining creditors’ claims for distributions from the Bernard L. Madoff Investment Securities, LLC was the ...
- Judge(s):
- Rosemary S. Pooler, Peter W. Hall, Susan L. Carney
- Tag(s):
-
- Summarized by Wayne Greenwald , Jacobs, PC, Greenwald, P.C.
- 7 years 8 months ago
- Citation:
- 16-343, 2017WL1403001 (2nd Circuit, Apr 20,2017) Published
- Case Status:
- Dismissed
- Ruling:
- a.) Claims derived through a debtor are estate property which only a trustee can assert; b.) District Court order on a contempt motion which enforced existing injunction but made no contempt...
- Judge(s):
- Kearse, Wesley and Droney
- Tag(s):
-
- Summarized by Wayne Greenwald , Jacobs, PC, Greenwald, P.C.
- 7 years 11 months ago
- Citation:
- 16-1362 (2nd Circuit, Jan 19,2017) Published
- Case Status:
- Affirmed
- Ruling:
- Affirmed district court affirming bankruptcy court dismissing fraudulent transfer action. Terms of defendants' own plans of reorganization precluded claim, even as administration claim.
- Judge(s):
- Chin, Raggi, Lohier
- Tag(s):
-
- Summarized by Wayne Greenwald , Jacobs, PC, Greenwald, P.C.
- 8 years 2 weeks ago
- Citation:
- 16-1233, --- Fed.Appx. ----, 2016 WL 7323983 (2nd Circuit, Dec 16,2016) Not Published
- Case Status:
- Affirmed
- Ruling:
Affirmed District Court judgment affirming Bankruptcy Court expunging claim and District Court declining to consider constructive trust argument. Court determined that: a.) creditor lacked...
- Judge(s):
- DENNIS JACOBS, JOSÉ A. CABRANES, BARRINGTON D. PARKER,
- Tag(s):
-
- Summarized by Wayne Greenwald , Jacobs, PC, Greenwald, P.C.
- 8 years 1 month ago
- Citation:
- 15‐3844‐bk (2nd Circuit, Dec 06,2016) Not Published
- Case Status:
- Affirmed
- Ruling:
Court affirmed orders a.) dismissing adversary proceeding under F.R.C.P. 12(b)(6) for not stating a claim to revoke confirmation, 11 U.S.C. 1144; and b) denying motion to vacate, alter or...
- Judge(s):
- JOHN M. WALKER, JR., ROBERT D. SACK, DENNY CHIN
- Tag(s):
-
- Summarized by Wayne Greenwald , Jacobs, PC, Greenwald, P.C.
- 9 years 6 months ago
- Citation:
- 2015 U.S. App. LEXIS 12085
- Ruling:
- Order affirming District Court affirming District Court decision affirming Bankruptcy Court 1) dismissing involuntary petition; 2) denying the petitioners’ motion to withdraw the reference; and...
- Judge(s):
- Winter, Pooler and Sack, Circuit Judges
- Tag(s):
-
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