This case required the court to address the scope of federal bankruptcy jurisdiction over suits against non-debtor third parties, as well as the scope of a stay issued pursuant to 11 U.S.C. 524(g)(4). Pfizer and Quigley appealed from a judgment in the … Continue reading
Statek appealed from an order of the district court affirming the order of the bankruptcy court, disallowing its claim against the bankruptcy estate of Coudert and affirming the denial of Statek’s motion to reconsider the bankruptcy court’s order. The … Continue reading
Former investors with Bernard L. Madoff appealed from an order entered by the United States Bankruptcy Court in the liquidation proceedings of Bernard L. Madoff Investment Securities LLC under the Securities Investor Protection Act (SIPA), 15 U.S.C. 78… Continue reading
Plaintiff, the SEC, appealed from a judgment dismissing its complaint against Marc J. Gabelli, the portfolio manager of the mutual fund Gabelli Global Growth Fund (GGGF or the Fund), and Bruce Alpert, the chief operating officer for the Fund’s adviser,… Continue reading
Plaintiff appealed from a judgment granting defendant’s motion to dismiss as untimely plaintiff’s complaint, which alleged breach of fiduciary duty, intentional misrepresentation, negligent misrepresentation, and conspiracy to commit those three offens… Continue reading
Enron Creditors Recovery Corp. (Enron) sought to avoid and recover payments it made to redeem its commercial paper prior to maturity from appellees, whose notes were redeemed by Enron. On appeal, Enron challenged the district court’s conclusion that 11… Continue reading
A debtor, his wife, and sister (“appellants”) sought to reopen debtor’s Chapter 7 bankruptcy case for the purpose of pursuing an adversary proceeding against the trustee of debtor’s estate and one of the trustee’s bondholders. At issue was whether the … Continue reading
K&L Gates LLP (“K&L Gates”) filed a motion to lift two protective orders prohibiting disclosure of communications made during mediation. Savage & Associates, P.C. (“Savage”) filed a cross-motion to enjoin K&L Gates from raising questions about the val… Continue reading