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Summaries by David Banker

Slobodian v. I.R.S

Citation:
No. 15-2833 (3d Cir. May 10, 2016)
Ruling:
Five alleged preferential transfers made by Net Pay (a payroll processor) to the IRS, on behalf of five different clients, were not avoidable under 11 U.S.C. § 547(b) of the Bankruptcy Code. Four...
Judge(s):
SMITH and HARDIMAN, Circuit Judges
Tag(s):

Food Employers Labor Relations Assoc. v. The Great Atlantic & Pacific Tea Co.

Citation:
14-3349-bk; 2d. Cir. July 2, 2015 (Summary Order - No precedential effect)
Ruling:
The United States Court of Appeals for the Second Circuit affirmed the United States District Court for the Southern District of New York's judgment affirming the Bankruptcy Court's holding that...
Judge(s):
Guido Calabresi, Circuit Judge Debra Ann Livingston, Circuit Judge William K. Sessions III, United States District Court for the District of Vermont, sitting by designation
Tag(s):

Picard v. Fairfield Greenwich; Picard v. Schneiderman

Citation:
Picard v. Fairfield Greenwich; Picard v. Schneiderman, 13‐1289‐bk (L) 13‐1392‐cv (CON); 13‐1785, (2d Cir. August 8, 2014)
Ruling:
The United States Court of Appeals for the Second Circuit held that the trustee for the liquidation of Bernard L. Madoff Investment Securities LLC (ʺBLMISʺ) and of the bankruptcy estate of...
Judge(s):
SACK, CHIN, and DRONEY, Circuit Judges
Tag(s):

In re KB Toys Inc, et al.

Citation:
No. 13-1197, November 15, 2013, United States Court of Appeals for the Third Circuit
Ruling:
A trade claim that is subject to disallowance under § 502(d) of the Bankruptcy Code in the hands of the original claimant is similarly disallowable in the hands of a subsequent transferee (such as...
Judge(s):
Argued before Judges Chagares, Vanaskie and Shwartz. Opinion by Judge Shwartz
Tag(s):

Kirchner v. KPMG LLP

Citation:
(2nd Circuit, Dec 31,1969)
Ruling:
The United States Court of Appeals for the Second Circuit affirmed the judgment of the United States District Court for the Southern District of New York, and ruled that the trustee of a bankrupt...
Tag(s):

Simmons v. Roundup Funding, LLC

Citation:
(2nd Circuit, Dec 31,1969)
Ruling:
A proof of claim filed in bankruptcy court cannot form the basis for a claim under the Fair Debt Collection Practices Act ("FDCPA"). 15 U.S.C. § 1692 et seq. Federal courts have consistently...
Tag(s):

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