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 DistrictJanuary 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 DistrictJanuary 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 CircuitJanuary 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 CircuitDecember 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 CircuitDecember 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 CircuitNovember 30, 2021
Chapter 15 Permits Discovery to Lay Groundwork for a Lawsuit, New York Judge Says
Judge Garrity wasn’t required to rule on whether Bankruptcy Rule 2004 applies in chapter 15 cases.
2nd Circuit, New York, New York Southern DistrictNovember 15, 2021
Another District Judge Rules that Tax Foreclosures Can Be Fraudulent Transfers
The circuits are split on whether the Supreme Court’s BFP opinion can be extended to bar fraudulent transfer attacks on in rem real estate tax foreclosures.
2nd Circuit, New York, New York Western DistrictNovember 12, 2021
A Purdue Suit Against Insurance Carriers Stays in Bankruptcy Court, for Now
Insurance coverage disputes are ‘routinely resolved in summary judgment,’ counseling against immediate withdrawal of the reference of a non-core lawsuit, district judge says.
2nd Circuit, New York, New York Southern DistrictOctober 07, 2021
On Student Loan Discharge, District Judge Requires Responses to Unasserted Defenses
New York district judge requires a student loan debtor to prove the reasonableness of living expenses when the lender never objected.
2nd Circuit, New York, New York Southern District