December 27, 2018

Insurance Rehabilitation in Curaçao Given ‘Foreign Main’ Recognition in New York

Court supervision and participation by creditors aren’t required for recognition under chapter 15.

2nd Circuit, New York, New York Southern District

December 19, 2018

Tuition Payments for Adult Children Squarely Held to Be Constructively Fraudulent

New York judge allows insolvent parents to pay for a minor child’s expensive education.

2nd Circuit, New York, New York Southern District

December 18, 2018

Foreign Main or Nonmain Status Doesn’t Necessarily Follow Foreign Citizenship

Judge Chapman delves into the murky realm of an individual’s ‘COMI’ and ‘establishment.’

2nd Circuit, New York, New York Southern District

December 17, 2018

Safe Harbor Given Extraterritorial Effect to Benefit Madoff Feeder Funds Customers

Will the avoiding powers and the safe harbor both have extraterritorial effect? Stay tuned!

2nd Circuit, New York, New York Southern District

December 10, 2018

Loss of Voting Rights Must Be Expressly Stated to Be Enforceable, District Judge Says

MPM Silicones makes law again, this time on subordination of junior secured lenders.

2nd Circuit, New York, New York Southern District

November 14, 2018

New York Judge Dismisses an Involuntary Petition Against a CDO

Judge Vyskocil denounces an involuntary petition as an attempt by senior, fully secured noteholders to profit at the expense of subordinate noteholders.

2nd Circuit, New York, New York Southern District

November 06, 2018

Chrysler Wrongful Death Suits Barred in Alabama While Permitted Elsewhere

An Alabama statute designed to aid wrongful death claimants ends up hurting them in Chrysler’s bankruptcy.

2nd Circuit, New York, New York Southern District

October 26, 2018

U.S. Judge Willing to Split with the U.K. over Chapter 15 Foreign Recognition

Judge Glenn criticizes an 1890 English decision refusing to enforce a foreign discharge of debt.

2nd Circuit, New York, New York Southern District

October 17, 2018

New York and Delaware Agree: Releases Are Constitutionally Ok in Confirmation Orders

Chief District Judge in New York rules that ‘core’ jurisdiction includes non-consensual, third-party releases in confirmation orders.

2nd Circuit, New York, New York Southern District

October 09, 2018

District Judge Rules Section 562 Does Not Apply to Terminations by Agreement

Section 562 applies to fix the date for calculating damages only if the debtor rejects or the creditor terminates, New York district judge says.

2nd Circuit, New York, New York Southern District