2nd Circuit | ABI Volo - Circuit Court opinion summaries

2nd Circuit: Meadows v. AMR Corp. (In the Matter of AMR Corp.)

eworenklein — Mon, 31 Oct 2016 20:37:38 +0000

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Citation:

No. 15-3655-BK, Summary Order

Ruling:

Second Circuit affirmed the lower courts' decisions that disallowed and expunged certain amended proofs of claims as untimely. The court affirmed the lower courts' findings that the delay in pursuing the claims were unjustified and allowing the amended claims would ...

Judge(s):

Leval, Sack and Raggi

2nd Circuit: Roberts v. TriPlanet Partners LLC et al.

cporter@lowenstein.com — Fri, 05 Aug 2016 20:40:13 +0000

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Citation:

15-2326

Ruling:

The District Court properly exercised its discretion in entering (1) a default judgment in the amount of $8,136,222.60 as a discovery sanction against Defendants after two years of their repeated defiance of court orders and (2) finding that the Defendants ...

Judge(s):

Straub, Wesley, Livingston

2nd Circuit: Krys v. Klejna

LHARRINGTON@NIXONPEABODY.COM — Mon, 01 Aug 2016 20:44:28 +0000

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Citation:

Kenneth M. Krys, as Joint Liquidator of SPhinX Ltd. et al.v. Dennis A Klenjna, J.P. Morgan Chase & Co., Summary Order, 2nd Cir. Case No. 14-3446(L), (July 29, 2016)

Ruling:

The Second Circuit upheld the district court's order dismissal of certain state-law claims against the defendant-appellees, and in doing so, found that the district court was not required to abstain from hearing and deciding the matter under 28 U.S.C. Section ...

Judge(s):

Present: Rosemary S. Pooler; Peter W. Hall, and Susan L. Carney, Circuit Judges

2nd Circuit: Elliott, et al. v. General Motors LLC (In the Matter of: Motors Liquidation Co.)

RHEILMAN@SCHAFERANDWEINER.COM — Wed, 13 Jul 2016 21:23:39 +0000

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Citation:

Elliott v. General Motors LLC (In re Motors Liquidation Co.), Case Nos. 15-2844, 15-2847, 15-2848 (2d Cir. N.Y. July 13, 2016).

Ruling:

The Second Circuit Court of Appeals determined that the debtor, General Motors Corporation ("Old GM"), had an obligation to provide notice to vehicle owners with defects of which Old GM knew or should have known, and held that the injunctions ...

Judge(s):

STRAUB, CHIN, and CARNEY

2nd Circuit: John Nagle Co. v. McCarthy (In re The Cousins Fish Market, Inc.)

ann.zoltani@gmail.com — Tue, 12 Jul 2016 20:56:20 +0000

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Citation:

John Nagle Co. v. McCarthy (In re The Cousins Fish Market, Inc.)

Ruling:

Holdings: United States Court of Appeals for the Second Circuit held that: 1) that the Bankruptcy Court did not abuse its discretion in excluding evidence from the bench trial that had not been produced to the trustee during discovery, and 2) that ...

Judge(s):

JOSÉ A. CABRANES, SUSAN L. CARNEY, CHRISTOPHER F. DRONEY,

2nd Circuit: Ritchie Capital Management v. GECC

RHEILMAN@SCHAFERANDWEINER.COM — Wed, 11 May 2016 21:34:44 +0000

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Citation:

Ritchie Capital Management, LLC v. General Electric Capital Corp., Case No. 15-2816 (2d Cir. May 11, 2016) (per curiam)

Ruling:

The Second Circuit Court of Appeals affirmed the District Court's holding that an investor in a Ponzi scheme lacks standing to bring claims for aiding and abetting fraud and civil conspiracy to commit fraud because the causes of action were ...

Judge(s):

WALKER, CALABRESI, and HALL

2nd Circuit: Tendering Phones Holders, et al. v. Large Private Benefecial Owners, et al. (In re Tribune Company Fraudulent Conveyance Litigation)

sfalanga@connellfoley.com — Thu, 24 Mar 2016 21:11:05 +0000

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Citation:

2016 U.S. App. LEXIS 5787 (2d Cir. N.Y. Mar. 29, 2016)

Ruling:

The Second Circuit addressed two issues: (i) whether appellants are barred by the Bankruptcy Code's automatic stay provision from bringing state law, constructive fraudulent conveyance claims while avoidance proceedings against the same transfers brought by a party exercising the powers ...

Judge(s):

WINTER, DRONEY, Circuit Judges, and HELLERSTEIN, District Judge

2nd Circuit: Tendering Phones Holders, et al. Large Private Beneficial Owners, et al. (In re Tribune Company Fraudulent Conveyance Litigation)

JWISHNEW@MOFO.COM — Tue, 29 Mar 2016 21:14:53 +0000

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Citation:

13-3992-cv

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 hands of a trustee et al. by Bankruptcy Code section ...

Judge(s):

Winter, Droney & Hellerstein

2nd Circuit: Statek Corp. v. Development Specialists, Inc. (In re Coudert Brothers LLP)

JWISHNEW@MOFO.COM — Thu, 31 Dec 2015 18:08:33 +0000

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Citation:

14-3688-bk

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 non-cognizable "new argument."

Judge(s):

Cabranes, Pooler, and Chin

2nd Circuit: Supplement B Pilot Beneficiaries v. AMR Corp. (In re AMR Corp.)

WESTON.EGUCHI@GMAIL.COM — Mon, 07 Dec 2015 21:56:15 +0000

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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 Section 1113 (debtor was not required to meet with subgroup of employees); (2) bankruptcy court's ...

Judge(s):

D. Jacobs, R. Lohier, G. Crawford (sitting by designation)

2nd Circuit: Schaeffler, et al. v. U.S.A.

JWISHNEW@MOFO.COM — Wed, 11 Nov 2015 21:02:00 +0000

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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 corporate restructuring resulting from an ill-fated acquisition originally financed ...

Judge(s):

Winter, Walker and Droney

2nd Circuit: Cherry Valley Associates, LLC v. Fiorano Tile Imports, Inc. (In re Fiorano Tile Imports, Inc.)

BSANDLER@BENESCHLAW.COM — Mon, 19 Oct 2015 20:48:22 +0000

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Citation:

2nd Cir. No. 14-3915 (2015)

Ruling:

Summary Order affirming the decision of the United States District Court for the Eastern District of New York holding that the Plan was substantially consummated under 11 U.S.C. § 1101(2) of the Bankruptcy Code, so that the presumption of equitable ...

Judge(s):

BARRINGTON D. PARKER, GERARD E. LYNCH, and SUSAN L. CARNEY

2nd Circuit: Ke v. Wang (In re Ke)

RHEILMAN@SCHAFERANDWEINER.COM — Wed, 07 Oct 2015 21:19:43 +0000

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Citation:

In re Ke (Ke v. Wang), Case No. 14-3824 (2d Cir. Oct. 6, 2015) (unpublished) (per curiam)

Ruling:

The Second Circuit affirmed the bankruptcy court and district court's ruling that that a debt was nondischargeable by the chapter 7 debtor because it was incurred by intentional or extremely reckless conduct constituting fraud or defalcation. The Second Circuit rejected ...

Judge(s):

Dennis Jacobs, Peirre N. Leval, Geoffrey W. Crawford (District Judge sitting by designation).

2nd Circuit: ADAR 980 Realty, LLC v. Avraham Sofer (In re Avraham Sofer)

WESTON.EGUCHI@GMAIL.COM — Tue, 08 Sep 2015 16:19:19 +0000

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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 interests of others in order to obtain relief from injury to themselves."

Judge(s):

Calabresi, Straub, Pooler.

2nd Circuit: City of Concord, N.H. v. Northern New England Telephone Operations LLC (In re Northern New England Telephone Operations LLC)

warnerg@stjohns.edu — Thu, 06 Aug 2015 16:30:19 +0000

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Citation:

No. 14-3381-bk (Aug. 4, 2015)

Ruling:

The Court adopts the view that a lien can be extinguished by a Chapter 11 plan under 1141(c) only if the creditor has "participated" in the bankruptcy proceeding. See Penrod, 50 F.3d 459 (CA7 1995). The Court distinguishes Penrod ...

Judge(s):

Jacobs, with Newman & Raggi