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...
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...
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...
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...
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...
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...
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...
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
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. ...
