May 12, 2017

Latent Defects in Medical Devices Don’t Give Rise to Estate Property

Segal v. Rochelle prevented a personal injury claim from becoming estate property.

2nd Circuit, New York, New York Eastern District

April 27, 2017

Bankruptcy Judge Has No Power to ‘Unrefer’ a Suit to District Court

Another New York judge refuses to send a case to Delaware.

2nd Circuit, New York, New York Southern District

March 30, 2017

Personal Bankruptcy Bars Incarceration, but Not Finding of Civil Contempt

FTC allowed to continue contempt proceedings for failure to pay restitution.

2nd Circuit, New York, New York Southern District

March 24, 2017

New York Judge Takes Different Approach to Repeat-Filer Automatic Stay Termination

Using a different approach, Judge Grossman agrees with the minority on Section 362(c)(3)(A).

2nd Circuit, New York, New York Eastern District

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