Rochellel's Daily Wire

May 12, 2021

Brooklyn Decision Shows Why Litigation Finance Is Risky if the Plaintiff Files Bankruptcy

At least in New York, a litigation finance agreement can’t be written to remove all of the lender’s exposure to the borrower’s bankruptcy.

2nd Circuit, New York, New York Eastern District

April 29, 2021

Unusual Facts Permit Selling Property Free and Clear of Judicial Liens

Long Island’s Judge Grossman explores the intricacies of selling property free and clear for less than the amount of liens.

2nd Circuit, New York, New York Eastern District

April 22, 2021

New York Judge Declines (for Now) to Enforce an Indonesian Plan in the U.S.

Manhattan’s Bankruptcy Judge Sean Lane requires a record in the foreign proceeding showing that third-party releases are in accord with foreign law.

2nd Circuit, New York, New York Southern District

April 20, 2021

Discharge May Be Enforced in Another District, Brooklyn Judge Says

Bankruptcy court has power to entertain a nationwide class action asserting a discharge violation.

2nd Circuit, New York, New York Eastern District

March 17, 2021

Unsurprisingly, Second Circuit Reaffirms the Strictures of Brunner

Second Circuit insinuates that “undue hardship” and the Brunner test are synonymous.

2nd Circuit

March 03, 2021

Second Circuit Ducks a Critical Vendor Appeal

An appeal from a critical vendor order was dismissed as equitably moot.

2nd Circuit

February 24, 2021

Bankruptcy Settlement Didn’t Discharge All Environmental Claims, New York Judge Says

Due process considerations persuaded District Judge Oetken to conclude that a creditor’s claims, unknown at the time, were not barred by a settlement.

2nd Circuit, New York, New York Southern District

February 04, 2021

‘Plain Language’ Puts Small-Dollar Avoidance Suits in the Debtor’s Home Court

Congress may have made a mistake in drafting, but the plain language of 28 U.S.C. § 1409(b) must control, Judge Grossman says.

2nd Circuit, New York, New York Eastern District

January 22, 2021

No Retroactive Adequate Protection in Chapter 13, Judge Trust Says

Long Island judge follows ‘Burt’ Lifland and rules that a secured creditor is not entitled to adequate protections for periods of time before filing a motion giving rise to adequate protection.

2nd Circuit, New York, New York Eastern District

January 21, 2021

The Standards for a Pre-Filing Injunction Against a Vexatious Litigant

The record as a whole and the likelihood of further abuse justify a pre-filing injunction.

2nd Circuit, New York, New York Eastern District