March 23, 2017

Circuit Split Brewing on Modifying Mortgages on Mixed-Use Properties

Lower courts are tending to disagree with two circuits on Section 1322(b)(2).

2nd Circuit, New York, New York Eastern District

March 22, 2017

Oil & Gas Gathering Agreements Can Be Rejected as Executory Contracts

Pipeline companies strike out again in New York on Texas law question.

2nd Circuit, New York, New York Southern District

February 23, 2017

Loan Agreement Gives U.S. Court Jurisdiction over Foreign Bank Lender

Few U.S. connections required for ‘specific jurisdiction’ over a foreign lender.

2nd Circuit, New York, New York Southern District

February 20, 2017

Constructive Trust Theory Fails Without Showing Unjust Enrichment

Parents who benefitted from son’s secret ownership couldn’t claim title.

2nd Circuit, New York, New York Eastern District

February 07, 2017

Judge Punts on How the Rule of Explicitness Survived Adoption of the Code

Circuits split on whether Section 510(b) killed off the exception to the Rule of Explicitness.

2nd Circuit, New York, New York Southern District

February 06, 2017

Appeals Brewing on Breadth of the Barton Doctrine in the Second Circuit

Will the Second Circuit follow the Ninth with a broad reading of Barton v. Barbour?

2nd Circuit, New York, New York Southern District

January 27, 2017

Clever Pleading Won’t Allow Individual Creditors to Sue, Madoff District Judge Says

Decision draws the line between common claims and those particular to individual creditors.

2nd Circuit, New York, New York Southern District

January 20, 2017

Second Circuit Discusses Role of Chapter 15 in Cross-Border Litigation

Chapter 15 isn’t the exclusive means for enforcing foreign bankruptcy court judgments.

2nd Circuit

January 19, 2017

Second Circuit Blesses a Nonconsensual Out-of-Court Restructuring

Appeals court focuses on the methods, not the result, in looking for a TIA violation.

2nd Circuit

January 17, 2017

Transferring Venue Isn’t Easier Just Because There Is Bankruptcy Jurisdiction

New York district judge keeps a lawsuit out of the hands of a Delaware bankruptcy judge.

2nd Circuit, New York, New York Southern District