United States Second Circuit

Judgment in favor of plaintiff-trustee on his claims that defendant had received fraudulent transfers from debtor is: 1) affirmed in part, where the bankruptcy judge entered a de facto severance pursuant to Bankruptcy Federal Rule of Civil Procedure 7021, making the re-filed complaint against defendant timely; and 2) vacated and remanded in part, where although the district court did not err in applying state law to the award of prejudgment interest, in the absence of further explanation, the matter must be remanded for the court to either exercise its discretion or to explain that it was aware of, and in fact exercised its discretion, and articulate its reasons for any grant of interest.

Appellate Information

• Decided 01/07/2014
• Published 01/07/2014

Judges

• POOLER

Court

• United States Second Circuit

Counsel