May 02, 2019
SDNY opinion seems to mean that a bank may freeze a debtor’s entire bank account at filing, without violating the automatic stay.
April 12, 2019
Bankruptcy Judge Wiles explains the jurisdictional, statutory and constitutional reasons why nonconsensual releases are improper in the Second Circuit except in exceptional circumstances.
March 22, 2019
New York district judge is the most recent court to uphold an injunction implementing a $7.2 billion Madoff settlement.
March 20, 2019
Judge Bernstein distinguishes a Second Circuit opinion to rule that a makewhole premium is allowable in bankruptcy.
March 11, 2019
Bankruptcy Judge Wiles politely says that the Sixth Circuit reached the correct result for the wrong reason.
March 04, 2019
Non-debtor, third-party release enforced along with granting international comity.
February 21, 2019
Equity didn’t favor chopping down the default rate when the debtor emerged from bankruptcy with substantial equity and all creditors were paid in full.
February 20, 2019
Although the parties were sophisticated, New York judge finds that a liquidated damages clause was actually an unenforceable penalty.
January 31, 2019
‘Old’ GM lenders lose again while attempting to avoid the consequences of a $1.5 billion mistake.
January 24, 2019
Withdrawing a proof of claim will not divest the bankruptcy court of jurisdiction to try an avoidance action without a jury, Judge Bernstein says.