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Summaries by Jordan Wishnew
- Summarized by Jordan Wishnew , Shearman & Sterling LLP
- 8 years 9 months ago
- Ruling:
- Affirm the District Court's dismissal of the complaint, on preemption rather than standing grounds. The rights of creditors to bring state law, fraudulent conveyance claims not limited in the...
- Judge(s):
- Winter, Droney & Hellerstein
- Tag(s):
-
- Summarized by Jordan Wishnew , Shearman & Sterling LLP
- 9 years 1 week ago
- Ruling:
- If the Circuit Court of Appeals elects to consider a new argument on appeal, then on remand, the lower court may not ignore the Court of Appeal's ruling on the basis that it relied on a...
- Judge(s):
- Cabranes, Pooler, and Chin
- Tag(s):
-
- Summarized by Jordan Wishnew , Shearman & Sterling LLP
- 9 years 2 months ago
- Citation:
- 14-1965-cv (2d Cir. Nov. 10, 2015)
- Ruling:
- The attorney-client privilege was not waived by the sharing of documents with a consortium of banks having a common legal interest with appellants in the tax treatment of a refinancing and...
- Judge(s):
- Winter, Walker and Droney
- Tag(s):
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- Summarized by Jordan Wishnew , Shearman & Sterling LLP
- 10 years 4 weeks ago
- Ruling:
- SIPA Trustee's avoidance claims to recover fictitious profits paid by Bernard L. Madoff Securities LLC to hundreds of customers were not avoidable and fell within the section 546(e) safe harbor...
- Judge(s):
- Parker, Lynch and Droney
- Tag(s):
-
- Summarized by Jordan Wishnew , Shearman & Sterling LLP
- 10 years 5 months ago
- Ruling:
- Second Circuit affirmed the District Court's decision, which held that Barclays was entitled to both the Margin Assets (i.e., $4bn in collateral supporting Lehman Brother Inc.'s exchange-traded...
- Judge(s):
- Ralph Winter, Peter Hall and Gerald Lynch
- Tag(s):
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- Summarized by Jordan Wishnew , Shearman & Sterling LLP
- 10 years 9 months ago
- Ruling:
- In bankruptcy matters, the 30-day time limit incorporated through Federal Rule of Appellate Procedure 6(b)(1) is a non-jurisdictional claim-processing rule under which an untimely appeal can...
- Judge(s):
- Hall, Livingston and Droney
- Tag(s):
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- Summarized by Jordan Wishnew , Shearman & Sterling LLP
- 11 years 4 days ago
- Citation:
- 12-20308 (MT); CC-13-1229-PaTaD (BAP 9th Cir. Jan. 3, 2014)
- Ruling:
- The bankruputcy court's rulings were AFFIRMED. The BAP held that the bankruptcy court: (i) did not err in dismissing the Debtor's complaint under Fed.R.Civ.P. 12(b)(6); (ii) did not abuse its...
- Judge(s):
- Pappas, Taylor and Dunn
- Tag(s):
-
- Summarized by Jordan Wishnew , Shearman & Sterling LLP
- 12 years 5 months ago
- Citation:
- 2012 WL 3241462 (C.A.9)
- Ruling:
- Under Arizona state law, a debtor is permitted to exempt the cash surrender value of life insurance policies and an annuity contract even if the beneficiary is not a dependent of the debtor.
- Judge(s):
- Alex Kozinski, Chief Judge, M. Margaret McKeown and N. Randy Smith, Circuit Judges
- Tag(s):
-
- Summarized by Jordan Wishnew , Shearman & Sterling LLP
- 13 years 3 weeks ago
- Citation:
- D.C. No. 2:10-cv-03536-SVW
- Ruling:
- District Court's ruling is affirmed. County of Los Angeles did not improperly fail, and is not legally obligated, to accept a tax payment proffered by Bank of America at the bankruptcy court. ...
- Judge(s):
- Nelson, Gould and Ikuta
- Tag(s):
-
- Summarized by Jordan Wishnew , Shearman & Sterling LLP
- 13 years 2 months ago
- Citation:
- Bankr. Case No. 10-60026; BAP No. 08-1333
- Ruling:
- Bankruptcy's court grant of stay relief to mortgagee is upheld.
- Judge(s):
- Circuit Court Judges Trott, Gould and Rawlinson
- Tag(s):
-
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