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Home
June 12, 2025
No Stay Pending Appeal on Nondebtor Opt-Out Releases in a Chapter 11 Plan
The debtor agreed not to raise equitable mootness on an appeal only challenging nondebtor opt-out releases.
2nd Circuit
,
New York
,
New York Southern District
March 26, 2024
Nonconsensual, Nondebtor Releases Prohibited by a District Court in a Subchapter V Case
A district judge in New York reversed a bankruptcy judge who had permitted a nonconsensual, nondebtor release in a Subchapter V case.
2nd Circuit
,
New York
,
New York Southern District
March 14, 2022
Another New York District Judge Is Hostile to Nondebtor, Third-Party Releases
At the risk of committing error, a district judge in New York reads a third-party release to cover only derivative claims, not direct claims that a creditor may have against a nondebtor.
2nd Circuit
,
New York
,
New York Southern District
July 23, 2018
A Casually Written Email by Counsel Can Be an Agreement in the Second Circuit
Mediation can result in a binding settlement even without a written agreement.
2nd Circuit
July 06, 2018
Chapter 15 Allows Discovery Not Available under Foreign Law, District Judge Says
Arbitration agreement doesn’t preclude discovery in chapter 15, district judge rules.
2nd Circuit
,
New York
,
New York Southern District
January 12, 2017
New York District Judges Are Split on Drawing Inferences of Fraud from Executives
Reversed by one district judge, Bankruptcy Judge Gerber was lauded by another on the same issue.
2nd Circuit
,
New York
,
New York Southern District
August 01, 2016
New York District Judge Lays Down Lenient Standard for Imputing Fraudulent Intent
Former Bankruptcy Judge Gerber reversed in Lyondell for being too strict, then for being too lenient.
2nd Circuit
,
New York
,
New York Southern District