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April 19, 2018

Chapter 15 Allows Discovery Not Available under Foreign Law, New York Judge Says
Bankruptcy Judge Shelley C. Chapman skirts an arbitration agreement to allow discovery.
2nd Circuit, New York, New York Southern District

April 11, 2018

Non-Consensual Third-Party Releases Pass Muster in Chapter 15
Principles of comity justify enforcing a U.K. scheme of arrangement that releases non-filed affiliates’ guarantees.
2nd Circuit, New York, New York Southern District

April 09, 2018

Debtor Successfully Claims an Exemption 19 Years after Discharge
Law v. Siegel allows exempting an asset that had not been scheduled.
2nd Circuit, New York, New York Western District

April 05, 2018

Structured Finance Protects Tuition Payments from Fraudulent Transfer Suits
Children were the initial transferees of tuition payments, thus giving schools the ‘good faith’ defense to fraudulent transfers.
2nd Circuit, New York, New York Eastern District

March 30, 2018

District Court Endorses Opt-Out to Confirm Substantive Consolidation Plans
Augie/Restivo problems are avoided by including opt-out provisions in a substantive consolidation chapter 11 plan.
2nd Circuit, New York, New York Southern District

March 28, 2018

Madoff Opinions Ease Pleading Requirements in Suits Against Subsequent Transferees
Bankruptcy Judge Vyskocil holds that alter ego need not be alleged to recover from a corporation’s sole shareholder as the beneficiary of a fraudulent transfer.
2nd Circuit, New York, New York Southern District

March 27, 2018

SIPA Bars General Unsecured Claims for Failure to Transfer Accounts Before Filing
The trustee for a bankrupt broker can ignore an individual customer’s request to transfer securities to a solvent broker and may instead transfer customer accounts in bulk.
2nd Circuit, New York, New York Southern District

March 22, 2018

Court May Depart from the Code When the Debtor Consents and No One Objects
Unique facts were again the basis for a result seemingly at odds with the statute.
2nd Circuit, New York, New York Northern District

March 20, 2018

Flip Clauses in Swaps Held Enforceable by District Judge in New York
For swaps, the Section 560 safe harbor overrides the anti-ipso facto provisions in the Bankruptcy Code.
2nd Circuit, New York, New York Southern District

March 05, 2018

Which Court Has a Better Claim to Jurisdiction in Successive Bankruptcies?
Yet another example of how hard cases make bad law.
2nd Circuit, New York, New York Eastern District