Rochellel's Daily Wire

November 06, 2018

Chrysler Wrongful Death Suits Barred in Alabama While Permitted Elsewhere

An Alabama statute designed to aid wrongful death claimants ends up hurting them in Chrysler’s bankruptcy.

2nd Circuit, New York, New York Southern District

October 26, 2018

U.S. Judge Willing to Split with the U.K. over Chapter 15 Foreign Recognition

Judge Glenn criticizes an 1890 English decision refusing to enforce a foreign discharge of debt.

2nd Circuit, New York, New York Southern District

October 19, 2018

‘Innocent’ Transferee Held Potentially Liable for Payment from a Ponzi Scheme

With partial success, trustee sues the casino where a fraudster gambled away stolen money.

2nd Circuit, New York, New York Eastern District

October 17, 2018

New York and Delaware Agree: Releases Are Constitutionally Ok in Confirmation Orders

Chief District Judge in New York rules that ‘core’ jurisdiction includes non-consensual, third-party releases in confirmation orders.

2nd Circuit, New York, New York Southern District

October 09, 2018

District Judge Rules Section 562 Does Not Apply to Terminations by Agreement

Section 562 applies to fix the date for calculating damages only if the debtor rejects or the creditor terminates, New York district judge says.

2nd Circuit, New York, New York Southern District

September 27, 2018

Section 363(m) Won’t Protect a Buyer with Detailed Knowledge of an Adverse Claim

A bankruptcy judge’s finding regarding status as a good faith purchaser is not the final word on appeal.

2nd Circuit, New York, New York Southern District

September 26, 2018

Class Settlements After Confirmation Require Rule 23 Class Certification

Judge Glenn in Manhattan straightens up some of the mess created when GM didn’t disclose ignition switch defects before confirmation.

2nd Circuit, New York, New York Southern District

August 23, 2018

Second Circuit Upholds Dismissal of an ‘Involuntary’ in a Two-Party Dispute

Additional judgment enforcement remedies under the Bankruptcy Code don’t justify an involuntary petition.

2nd Circuit

August 15, 2018

Bankruptcy Court Still Has Jurisdiction Seven Years After Confirmation

Venue in the bankruptcy court is ok for suits brought under a liquidating plan.

2nd Circuit, New York, New York Southern District

August 07, 2018

New York Judge Rails Against the Use of ‘Appearance Counsel’

Multiple ethical violations may occur with the use of so-called appearance counsel in consumer bankruptcies.

2nd Circuit, New York, New York Southern District