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

September 16, 2016

Mortgage Servicer Saddled with $375,000 in Sanctions for Violating Rule 3002.1

For a repeat offender, less than $1,000 in improper charges resulted in large sanctions.

2nd Circuit, Vermont

September 02, 2016

Denial of Motions to Dismiss Petitions: Are They Final or Not?

Bullard leaves questions unanswered when debtors move to dismiss their own petitions.

2nd Circuit, New York, New York Eastern District

August 30, 2016

Connecticut District Judge Allows ‘Chapter 20’ to Strip Off Subordinate Lien

Second Circuit primed to agree or split with three circuits on ‘chapter 20’ lien stripping.

2nd Circuit, Connecticut

August 17, 2016

Violating the Automatic Stay Isn’t Contempt Without Intent

Intentional tort concepts imposed on proceedings for contempt of the automatic stay.

2nd Circuit, New York, New York Eastern District