Displaying Journal Articles with Topic 2nd Circuit

March 03, 2022

Long Island Judge Ends ‘Loss Mitigation’ in His Courtroom

No more informal ‘no-look’ fees in the courtroom of Bankruptcy Judge Robert Grossman.

2nd Circuit, New York, New York Eastern District

February 22, 2022

Rule 11 Sanctions Coming for Madoff Customers Refusing to Give Up ‘Fictitious Profits’

Two district judges are becoming incensed by ‘net winners’ in the Madoff Ponzi scheme who continue litigating and losing on the same issues.

2nd Circuit, New York, New York Southern District

February 17, 2022

Ordinary Excuses Won’t Justify Plan-Filing Delays in Subchapter V

A fight between creditors justifies granting a Subchapter V debtor more time to file a plan, Judge Lane says.

2nd Circuit, New York, New York Southern District

February 08, 2022

How the Ordinary Course Defense Works When the Supplier Doesn’t ‘Hound’ for Payment

The ‘average-lateness’ test reveals payments that were not made in the ‘ordinary course.’

2nd Circuit, New York, New York Eastern District

January 28, 2022

‘13’ Trustees Are Paid Even if Dismissal Comes Before Confirmation, District Judge Says

A chapter 13 trustee is not a federal employee for the purposes of the Federal Tort Claims Act.

2nd Circuit, New York, New York Eastern District

January 24, 2022

Second Circuit Expands Standing to Ensure Integrity of the Bankruptcy Court

The U.S. Trustee is not the better or the only party to uphold the integrity of the bankruptcy court, the Second Circuit holds.

2nd Circuit

January 11, 2022

Purdue District Judge Authorizes Appeal to the Second Circuit on Non-Debtor Releases

The district judge who overturned confirmation of Purdue’s chapter 11 plan is requiring the debtor to expedite the appeal to the Second Circuit.

2nd Circuit

December 23, 2021

Creating a Split, Second Circuit Says that Section 363(m) Is Jurisdictional

The new decision from the Second Circuit is based on prior opinions where the appeals court said there was no “jurisdiction” when it would have been correct to say there was no “power.”

2nd Circuit

December 20, 2021

Third-Party, Non-Consensual Releases Nixed in the Purdue ‘Opioid’ Reorganization

Manhattan district judge vacated confirmation of Purdue Pharma’s chapter 11 plan because the court had no statutory power to impose non-consensual releases of creditors’ direct claims against non-debtors.

2nd Circuit

November 30, 2021