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

July 30, 2018

A Convert Joins the Minority Interpretation of the Repeat-Filing Stay Termination

Bankruptcy Judge Colleen A. Brown of Burlington, Vt., changes her position on Section 362(c)(3)(A).

2nd Circuit, Vermont

July 27, 2018

Tax Foreclosure in New York Can Be a Fraudulent Transfer, District Judge Says

The Supreme Court’s BFP opinion on mortgage foreclosures held not applicable to tax foreclosures in New York.

2nd Circuit, New York, New York Western District

July 23, 2018

A Casually Written Email by Counsel Can Be an Agreement in the Second Circuit

Mediation can result in a binding settlement even without a written agreement.

2nd Circuit

July 18, 2018

New York Judge Finds Constitutional Power to Enter Default Judgments

Assuming service was properly effected, Judge Martin Glenn views Wellness International as permitting bankruptcy courts to enter final default judgments in all adversary proceedings.

2nd Circuit, New York, New York Southern District