Rochellel's Daily Wire

August 14, 2017

District Judge Limits Second Circuit Rule on Standing for Successorship Claims

GM’s ignition switch fiasco continues making bankruptcy law on deprivation of the constitutional right to notice.

2nd Circuit, New York, New York Southern District

August 03, 2017

Russian Bankruptcy Given Chapter 15 Recognition Despite Allegations of Corruption

‘Disinterestedness’ doesn’t apply to a foreign representative in chapter 15.

2nd Circuit, New York, New York Southern District

June 23, 2017

Substituting Trustee as Plaintiff Is Not a Final Order, Second Circuit Says

Dismissing the debtor as plaintiff is not a final order when the trustee is substituted.

2nd Circuit

June 21, 2017

EDNY Changes Policies about Defaults on Direct-Pay Mortgages in Chapter 13

Mortgage payments are considered ‘under the plan’ even if made by the chapter 13 debtors directly.

2nd Circuit, New York, New York Eastern District

June 05, 2017

Fictitious Profits Are Also Ignored on Inter-Account Transfers, Second Circuit Says

Madoff trustee’s newest appellate victory again disregards fictitious profits.

2nd Circuit

June 05, 2017

Bankruptcy Judge Rejects Equitable Defenses to Fraudulent Transfer Claim

Madoff trustee racks up two victories in one day.

2nd Circuit, New York, New York Southern District

June 02, 2017

New York’s Unique Rules on Mortgage Note Assignments Remain Unresolved

New York alone failed to adopt an amendment to UCC § 3-203.

2nd Circuit

May 12, 2017

Latent Defects in Medical Devices Don’t Give Rise to Estate Property

Segal v. Rochelle prevented a personal injury claim from becoming estate property.

2nd Circuit, New York, New York Eastern District

May 11, 2017

Second Circuit Describes When Claims Based on Securities Are Subordinated

Lehman workers barred from making claims based on worthless stock awards.

2nd Circuit

April 27, 2017

Bankruptcy Judge Has No Power to ‘Unrefer’ a Suit to District Court

Another New York judge refuses to send a case to Delaware.

2nd Circuit, New York, New York Southern District