Rochellel's Daily Wire

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

July 10, 2018

New York Judge Takes a Forgiving View of ‘Actual Conflict’ in Section 327(c)

Firm allowed to drop a creditor-client and represent the debtor in chapter 11.

2nd Circuit, New York, New York Southern District

July 09, 2018

U.S. Trustee Criticized for Dumping the ‘Jay Alix Protocol’

New York bankruptcy judge approves retention of a crisis manger under Section 363(b) who might be disqualified under Section 327(a).

2nd Circuit, New York, New York Southern District

July 06, 2018

Chapter 15 Allows Discovery Not Available under Foreign Law, District Judge Says

Arbitration agreement doesn’t preclude discovery in chapter 15, district judge rules.

2nd Circuit, New York, New York Southern District

June 29, 2018

Second Circuit Protects a Madoff Conspirator Who Already Paid $7.2 Billion

Clever pleading failed to evade an anti-suit injunction entered as part of a settlement.

2nd Circuit

June 22, 2018

Colleges Beat Back Another Fraudulent Transfer Suit Aimed at Tuition Payments

Federal student loan proceeds were never the parents’ property and thus could not be recovered by a trustee.

2nd Circuit, Connecticut

June 15, 2018

Second and Eleventh Circuits Agree: Fuel Subcontractors Don’t Have Maritime Liens

Notions of equity go out the window when the issue is maritime liens.

2nd Circuit