Rochellel's Daily Wire

February 13, 2023

Preliminary Injunction Didn’t Render a Contract Nonexecutory

A preliminary injunction in state court didn’t invoke comity or Rooker-Feldman to bar the bankruptcy court from rejecting an executory contract.

2nd Circuit, New York, New York Southern District

February 08, 2023

For the Cap on Lease Rejection Claims, Judge in the SDNY Adopts the ‘Time Approach’

Bankruptcy Judge Michael Wiles differed with his colleagues who in previous years had employed the ‘time approach’ in calculating a landlord’s rejection damages under Section 502(b)(6).

2nd Circuit, New York, New York Southern District

January 17, 2023

Second Circuit Limits the Significance of Homaidan on Discharge of Private Student Loans

The Fair Credit Reporting Act doesn’t require credit reporting agencies to resolve disputed facts or law about the discharge of private student loans.

2nd Circuit

January 10, 2023

Crypto Customers Don’t Own Their Deposits with Celsius Network, Judge Glenn Says

Applying ordinary contract law, New York judge rules that customers are bound by contracts they haven’t read.

2nd Circuit, New York, New York Southern District

January 03, 2023

Claims Trader Criticized in New York for an Unauthorized PACER Filing

A court filing by a claims trader was stricken from the docket because it contained judges’ direct email addresses.

2nd Circuit, New York, New York Southern District

December 19, 2022

Second Circuit: Unimpaired, Unsecured Creditors Don’t Get Post-Petition Interest

There’s no circuit split on post-petition interest, because the Second Circuit agreed with the Third, Fifth and Ninth Circuits.

2nd Circuit

December 12, 2022

For Chapter 15 Recognition, the Foreign Proceedings Must Entail Insolvency

A foreign proceeding designed only to protect company assets won’t qualify as a ‘foreign proceeding’ entitled to recognition under chapter 15.

2nd Circuit, New York, New York Southern District

November 30, 2022

Security Interests Are Assignments of Accounts Receivable, New York High Court Says

Once an account debtor is notified to pay the lender, not paying an account receivable to the lender can mean that the account debtor pays twice.

2nd Circuit, New York

November 17, 2022

Second Circuit Again Uses ‘Hypothetical Jurisdiction’ to Dodge a Tough Question

Legal malpractice claims can be either tort or contract claims, the Second Circuit explains.

2nd Circuit

November 14, 2022

Two Circuits Now Require Refunds for Overpayment of U.S. Trustee Fees

The Second Circuit essentially reissued its original decision from last year by again requiring the U.S. Trustee to refund the overpayment of unconstitutional fees.

2nd Circuit