Rochellel's Daily Wire

December 05, 2016

Serving a Complaint on a Bank by Ordinary Mail Is a Nullity

Without service by certified mail, a bank is not compelled to respond to a complaint.

2nd Circuit, New York, New York Eastern District

November 22, 2016

New York Stands Alone by Not Requiring Delivery to Transfer a Note and Mortgage

District judge makes an ‘Erie’ guess on an undecided issue of New York law.

2nd Circuit, New York, New York Western District

November 16, 2016

Mortgage Survives Chapter 13 Even Though the Secured Claim Was Disallowed

New York judge disagrees with Ninth Circuit on the effect of disallowance of a secured claim.

2nd Circuit, New York, New York Northern District

November 02, 2016

Need for Multinational Corporate Insolvency Law Shown in China Fishery Decision

Judges must use patchwork approach when handling a huge, multinational debtor.

2nd Circuit, New York, New York Southern District

October 20, 2016

Profit-Sharing Clause Unenforceable in a Bankruptcy Lease Auction

Provision depressing debtor’s income at a lease auction is unenforceable under Section 365(f).

2nd Circuit, New York, New York Southern District

October 14, 2016

Second Circuit Bars Arbitration of Claim Subordination Dispute

Appeals court easily rules against arbitration on a core issue involving priority.

2nd Circuit

September 29, 2016

Religious Court Had No Pecuniary Interest and Thus Lacked Standing to Appeal

Rabbinical court was barred from attaching an injunction under the First Amendment.

2nd Circuit, New York, New York Southern District

September 27, 2016

Successor to Bankrupt Company Saddled with Pre-Bankruptcy Environmental Claims

Discharge was no bar to claims not recognized until after bankruptcy.

2nd Circuit, New York, New York Eastern District

September 23, 2016

New York Judge Rejects Ninth Circuit’s Ybarra Doctrine that Revives Discharged Claims

Ninth Circuit decision based on policy, not statutory language, is wrong, S.D.N.Y. judge says.

2nd Circuit, New York, New York Southern District

September 20, 2016

Post-Confirmation Jurisdiction Is Narrow Following a Bona Fide Reorganization

After confirmation, New York’s Judge Glenn requires ‘close nexus’ for jurisdiction.

2nd Circuit, New York, New York Southern District