Summarized by David Banker , Womble Bond Dickinson (US) LLP
10 years 1 week ago
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...
Summarized by David Banker , Womble Bond Dickinson (US) LLP
10 years 10 months ago
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
Summarized by David Banker , Womble Bond Dickinson (US) LLP
11 years 9 months ago
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...
Summarized by David Banker , Womble Bond Dickinson (US) LLP
12 years 6 months ago
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
Summarized by David Banker , Womble Bond Dickinson (US) LLP
15 years 6 months ago
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...
Summarized by David Banker , Womble Bond Dickinson (US) LLP
15 years 7 months ago
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...
