March 04, 2019
Chapter 15 Recognition Not Required to Enforce a Foreign Reorganization in the U.S.
Non-debtor, third-party release enforced along with granting international comity.
2nd Circuit, New York, New York Southern DistrictMarch 01, 2019
Creating a Split, Sixth Circuit Holds: No Waiver of Immunity for Indian Tribes
A divided panel of the Sixth Circuit holds that Section 106 does not waive sovereign immunity for Indian tribes.
6th CircuitFebruary 28, 2019
Third Circuit Strips Debt Buyers of Defenses Under the FDCPA
Hiring a collection agent will not insulate a debt buyer from liability under the FDCPA.
3rd CircuitFebruary 27, 2019
Second Circuit Allows Extraterritorial Application of Sections 548 and 550
Neither comity nor the presumption against extraterritorial application of U.S. statutes bars trustees from suing to recover subsequent transfers made abroad.
2nd CircuitFebruary 26, 2019
Sixth Circuit Shows Why the Supreme Court Must Reverse Taggart
The appeals court didn’t allow an ambiguous state statute to confer absolution for violating the automatic stay.
6th CircuitFebruary 25, 2019
Third Circuit Pronounces a Damages Formula for Fraudulent Entireties Transfers
Third Circuit lauds Bankruptcy Judge Agresti for ‘prescient thinking.’
3rd CircuitFebruary 22, 2019
Supreme Court Hears Oral Argument on Rejection of Trademark Licenses
Thirty-five years later, the Supreme Court might reverse Lubrizol.
Supreme CourtFebruary 21, 2019
Solvent Debtor Required to Pay Default Interest 9% Above Prime
Equity didn’t favor chopping down the default rate when the debtor emerged from bankruptcy with substantial equity and all creditors were paid in full.
2nd Circuit, New York, New York Southern DistrictFebruary 20, 2019
Huge Liquidated Damages Held Unenforceable in an Aircraft Lease
Although the parties were sophisticated, New York judge finds that a liquidated damages clause was actually an unenforceable penalty.
2nd Circuit, New York, New York Southern DistrictFebruary 20, 2019
The Supreme Court Refuses to Revisit Dewsnup
Arguably ignoring Sections 506(a) and 506(d), Dewsnup barred chapter 7 debtors from stripping down undersecured mortgages.
Supreme Court