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 DistrictJuly 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 DistrictJuly 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 DistrictJuly 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 DistrictJune 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 CircuitJune 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, ConnecticutJune 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 CircuitJune 04, 2018
Islamic Law Informs the Court in Interpreting a Marital Contract
Courts split on the dischargeability of debts incurred in the course of divorce or separation.
2nd Circuit, New YorkJune 04, 2018
Bankruptcy Judge Regulates the Unregulated Debt-Reduction Service Industry
Section 502(b)(4) shields debtors from overreaching lawyers in a new context.
2nd Circuit, New York, New York Eastern DistrictJune 01, 2018
GM Ignition Switch Litigation Makes Law on Punitive Damages and Law of the Case
Ten years later, courts are still sorting out who’s liable for Old GM’s failure to disclose a known defect.
2nd Circuit, New York, New York Southern District