December 27, 2017
The Proper Role of an Expert on Willful Blindness in a Fraudulent Transfer Suit
Madoff spawns more law, this time on expert testimony about the good faith defense to a fraudulent transfer with ‘actual intent.’
2nd Circuit, New York, New York Southern DistrictDecember 26, 2017
French ‘Safeguard’ Plan Held to Qualify for Enforcement in the U.S.
New York judge enforces a French reorganization similar to a U.S. prepack.
2nd Circuit, New York, New York Southern DistrictDecember 18, 2017
Manhattan Judge Refuses to Rubber-Stamp a Sealing Motion
Protecting negotiating leverage isn’t grounds for sealing the terms of a lease.
2nd Circuit, New York, New York Southern DistrictDecember 08, 2017
New York Judge Bars Use of Chapter 15 to Disrupt a Foreign Bankruptcy
‘Bankruptcy tourism’ seems unaffected by an unusual cross-border insolvency.
2nd Circuit, New York, New York Southern DistrictNovember 27, 2017
Trustee’s Stated Intent to Abandon by Itself Won’t Allow a Debtor to Sell
Estate property must be formally abandoned before the power of sale reverts to the debtor.
2nd Circuit, New York, New York Southern DistrictNovember 20, 2017
Owning a Home Through an LLC Can Preclude a Homestead Exemption
State laws vary on allowing homestead status for a house owned through an LLC.
2nd Circuit, VermontNovember 15, 2017
New GM Ignition Switch Suits Can Proceed in State Court, District Judge Says
The circuit court’s resolution of the bankruptcy law question prevents New GM from removing new suits to federal court.
2nd Circuit, New York, New York Southern DistrictNovember 14, 2017
Non-Voting Creditors’ Consent to Third Party Releases Can’t Be Inferred
New York and Delaware judges disagree on third party releases by non-voting creditors.
2nd Circuit, New York, New York Southern DistrictNovember 02, 2017
Interlocutory Orders Compelling Arbitration May Be Appealed with Permission
Shallow constitutional foundation of the bankruptcy court justifies allowing interlocutory appeals, district judge says.
2nd Circuit, New York, New York Southern DistrictOctober 23, 2017
Second Circuit Splits with Third on Makewholes Occasioned by Bankruptcy
Till doesn’t apply in fixing cramdown interest rates in major corporate reorganizations, circuit says.
2nd Circuit