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Summaries by Weston Eguchi
- Summarized by Weston Eguchi , Willkie Farr & Gallagher LLP
- 4 years 7 months ago
- Citation:
- 17-12744 (11th Circuit, Aug 10,2018) Published
- Case Status:
- Reversed
- Ruling:
- Eleventh Circuit reversed sanctions imposed by district court on attorneys for prosecuting claims that their client failed to disclose as assets in his bankruptcy case. Applying its 2017 ruling in...
- Judge(s):
- W Pryor, J Pryor Anderson
- Tag(s):
-
- Summarized by Weston Eguchi , Willkie Farr & Gallagher LLP
- 5 years 5 months ago
- Citation:
- 16-16462 (11th Circuit, Oct 19,2017) Published
- Case Status:
- Affirmed
- Ruling:
- Bankruptcy court had authority under the All Writs Act and Anti-Injunction Act to enjoin plaintiffs from reviving suits in state court based on the same "nucleus of facts" as the dismissed claim. ...
- Judge(s):
- Jordan and Carnes (Circuit Judges) and Vinson (District Judge)
- Tag(s):
-
- Summarized by Weston Eguchi , Willkie Farr & Gallagher LLP
- 5 years 5 months ago
- Citation:
- 16-2950-bk (2nd Circuit, Oct 04,2017) Not Published
- Case Status:
- Affirmed
- Ruling:
- Bankruptcy court had jurisdiction to disallow a claim that was based on the same claims that had been the subject of litigation outside of bankruptcy. Claims allowance is a core proceeding, and...
- Judge(s):
- Chin, Droney, Restani
- Tag(s):
-
- Summarized by Weston Eguchi , Willkie Farr & Gallagher LLP
- 5 years 6 months ago
- Citation:
- 16-3366 (3rd Circuit, Sep 28,2017) Published
- Case Status:
- Affirmed
- Ruling:
- As trustees are government officials, the doctrine of "qualified immunity" applies to discretionary actions taken by a trustee to preserve the estate's assets. "Qualified immunity" shields...
- Judge(s):
- Hardiman, Roth, Fisher
- Tag(s):
-
- Summarized by Weston Eguchi , Willkie Farr & Gallagher LLP
- 6 years 2 months ago
- Citation:
- No. 15-11229 (11th Circuit, Jan 28,2017) Published
- Case Status:
- Affirmed
- Ruling:
- Debtor's health savings account (HSA) was not exempt property pursuant to Section 522 and Georgia's state exemptions which exempt “disability, illness, or unemployment benefit,” and any...
- Judge(s):
- Hull, Pryor and Conway (D.J.)
- Tag(s):
-
- Summarized by Weston Eguchi , Willkie Farr & Gallagher LLP
- 6 years 3 months ago
- Citation:
- 15-4097 (3rd Circuit, Dec 20,2016) Not Published
- Case Status:
- Affirmed
- Ruling:
District Court properly dismissed appellant-pro se litigant's appeal for lack of prosecution based on the six-factor test under Poulis v State Farm, 747 F.2d 863 (3d Cir. 1984). ...
- Judge(s):
- Ambro, Krause and Nygaard
- Tag(s):
-
- Summarized by Weston Eguchi , Willkie Farr & Gallagher LLP
- 7 years 3 months ago
- Citation:
- No. 14-4274-bk (2d Cir. Dec. 7, 2015) (summary order)
- Ruling:
- Affirming the district and bankruptcy court judgments/orders, the Second Circuit held, inter alia, (1) debtors' negotiations with union, as "authorized representative" of employees, complied with...
- Judge(s):
- D. Jacobs, R. Lohier, G. Crawford (sitting by designation)
- Tag(s):
-
- Summarized by Weston Eguchi , Willkie Farr & Gallagher LLP
- 7 years 6 months ago
- Citation:
- No. 14-3464-bk (Summary Order) (2d Cir. Sept. 1, 2015)
- Ruling:
- Appellant lacked prudential standing because it failed to demonstrate a sufficient particularized injury. "The prudential standing rule normally bars litigants from asserting the rights or legal...
- Judge(s):
- Calabresi, Straub, Pooler.
- Tag(s):
-
- Summarized by Weston Eguchi , Willkie Farr & Gallagher LLP
- 8 years 2 months ago
- Citation:
- Case No. 14-817-bk(L) (2d Cir. Jan. 21, 2015) (Summary Order, not precedential)
- Ruling:
- Second Circuit held that the bankruptcy court abused its discretion when it denied a motion to reopen the bankruptcy case without considering what prejudice, if any, would result from granting the...
- Judge(s):
- Winter, Cabranes, Raggi
- Tag(s):
-
- Summarized by Weston Eguchi , Willkie Farr & Gallagher LLP
- 8 years 6 months ago
- Citation:
- No. 13-3305-bk (Summary Order)
- Ruling:
- Second Circuit did not have jurisdiction to review the district court's permissive abstention decision. Regarding mandatory abstention, there was no evidence of abuse of discretion to require...
- Judge(s):
- Livingston, Droney and Nathan (S.D.N.Y. sitting by designation).
- Tag(s):
-
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