Rochellel's Daily Wire

June 26, 2020

No Contempt for the IRS on Discharge Without Exhaustion of Administrative Remedies

Is Taggart just a defense that can be waived, or must a debtor plead and prove ‘no objectively reasonable basis’ in a motion for contempt of discharge?

2nd Circuit, New York, New York Southern District

June 23, 2020

New York Decision Shows that Merit Management Is a Dead Letter

The expansive definition of a ‘financial institution’ allows fraudulent transfers to be structured so that no one will ever be held liable.

2nd Circuit, New York, New York Southern District

June 19, 2020

Second Circuit Nixes Nationwide Class Actions for Discharge Violations

Second Circuit says that later Supreme Court authority did not undermine the appeals court’s prior decision that creditors cannot compel arbitration of discharge violations.

2nd Circuit

June 09, 2020

Denial of a Claim Doesn’t Divest the Bankruptcy Court of Final Adjudicatory Power

More important law from Madoff: Filing a claim waives the right to a jury trial in district court even if the claim is denied or withdrawn, district judge rules.

2nd Circuit, New York, New York Southern District

May 19, 2020

Is Section 363(m) Jurisdictional or Only a Limit on the Power of an Appellate Court?

The belief that Section 363(m) is jurisdictional allowed a buyer to profit from taking a misleading position in bankruptcy court.

2nd Circuit, New York, New York Southern District

May 11, 2020

Second Circuit Rides to the Rescue of a GM Lawyer Who Made a Big Mistake

A mistake by a lawyer isn’t “deliberate” and therefore can’t be a judicial admission.

2nd Circuit

May 06, 2020

May a Bankruptcy Court Annul the Automatic Stay after Acevedo?

Bankruptcy Judge Grossman explores the extent to which the Supreme Court’s Acevedo decision bars courts from granting relief retroactively.

2nd Circuit, New York, New York Eastern District

April 29, 2020

Madoff Trustee Granted Another Direct Appeal to the Second Circuit

Overturning District Judge Rakoff a second time will aid the Madoff trustee’s quest to recover 100% of defrauded customers’ net equity claims.

2nd Circuit

April 27, 2020

New York Bankruptcy Judge Declines to Follow Enron Decision by SDNY District Judge

Claims traders are put on notice: Purchasing a claim doesn’t insulate the buyer from disallowance under Section 502(d).

2nd Circuit, New York, New York Southern District

April 15, 2020

Solicitor General Sides with the Madoff Trustee on Suing Foreign Subsequent Transferees

Denying ‘cert’ will aid the Madoff trustee’s quest to recover 100% of defrauded customers’ net equity claims.

2nd Circuit