December 18, 2017

Manhattan Judge Refuses to Rubber-Stamp a Sealing Motion

Protecting negotiating leverage isn’t grounds for sealing the terms of a lease.

2nd Circuit, New York, New York Southern District

December 08, 2017

New York Judge Bars Use of Chapter 15 to Disrupt a Foreign Bankruptcy

‘Bankruptcy tourism’ seems unaffected by an unusual cross-border insolvency.

2nd Circuit, New York, New York Southern District

November 27, 2017

Trustee’s Stated Intent to Abandon by Itself Won’t Allow a Debtor to Sell

Estate property must be formally abandoned before the power of sale reverts to the debtor.

2nd Circuit, New York, New York Southern District

November 15, 2017

New GM Ignition Switch Suits Can Proceed in State Court, District Judge Says

The circuit court’s resolution of the bankruptcy law question prevents New GM from removing new suits to federal court.

2nd Circuit, New York, New York Southern District

November 14, 2017

Non-Voting Creditors’ Consent to Third Party Releases Can’t Be Inferred

New York and Delaware judges disagree on third party releases by non-voting creditors.

2nd Circuit, New York, New York Southern District

November 02, 2017

Interlocutory Orders Compelling Arbitration May Be Appealed with Permission

Shallow constitutional foundation of the bankruptcy court justifies allowing interlocutory appeals, district judge says.

2nd Circuit, New York, New York Southern District

October 19, 2017

Using a U.S. Bank Precludes a Foreigner from Winning Dismissal Based on Comity

Stay violation and turnover suits held proper extraterritorial application of U.S. law.

2nd Circuit, New York, New York Southern District

September 21, 2017

Survivor’s Pension Benefits Are Not ‘Retiree Benefits’ Protected by Section 1114

Judge uses legislative history because Section 1114 is ambiguous.

2nd Circuit, New York, New York Southern District

September 13, 2017

Transferring COMI to Avoid Liquidation Is Ok in Chapter 15

New York offers a chapter 15 home for foreign companies hoping to avoid liquidation.

2nd Circuit, New York, New York Southern District

August 30, 2017

Third Party Liability for Debtor’s Counsel Fees Precludes a Charging Lien

Third party liability for attorneys’ fees can leave debtor’s counsel in a worse position following nonpayment.

2nd Circuit, New York, New York Southern District