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March 07, 2023

Revlon Says: Creditors Lack Standing to Assert Claims of ‘General Interest to the Estate’
A creditor with ‘derivative’ claims based on preference or fraudulent transfer can’t convert them to ‘direct’ claims by asking for equitable relief.
2nd Circuit, New York, New York Southern District

February 21, 2023

Converting a Foreign ‘Rescue’ to Liquidation Doesn’t Require a New Chapter 15 Petition
If there’s an appeal, Bankruptcy Judge Garrity told the district judge all there is to know about chapter 15.
2nd Circuit, New York, New York Southern District

February 13, 2023

Preliminary Injunction Didn’t Render a Contract Nonexecutory
A preliminary injunction in state court didn’t invoke comity or Rooker-Feldman to bar the bankruptcy court from rejecting an executory contract.
2nd Circuit, New York, New York Southern District

February 08, 2023

For the Cap on Lease Rejection Claims, Judge in the SDNY Adopts the ‘Time Approach’
Bankruptcy Judge Michael Wiles differed with his colleagues who in previous years had employed the ‘time approach’ in calculating a landlord’s rejection damages under Section 502(b)(6).
2nd Circuit, New York, New York Southern District

January 10, 2023

Crypto Customers Don’t Own Their Deposits with Celsius Network, Judge Glenn Says
Applying ordinary contract law, New York judge rules that customers are bound by contracts they haven’t read.
2nd Circuit, New York, New York Southern District

January 03, 2023

Claims Trader Criticized in New York for an Unauthorized PACER Filing
A court filing by a claims trader was stricken from the docket because it contained judges’ direct email addresses.
2nd Circuit, New York, New York Southern District

December 12, 2022

For Chapter 15 Recognition, the Foreign Proceedings Must Entail Insolvency
A foreign proceeding designed only to protect company assets won’t qualify as a ‘foreign proceeding’ entitled to recognition under chapter 15.
2nd Circuit, New York, New York Southern District

November 11, 2022

No Interlocutory Appeal from Madoff Rulings on Suits Against Feeder Fund Customers
Subsequent transferees of Madoff’s fraudulent transfers won’t have an interlocutory appeal from denial of their motions to dismiss.
2nd Circuit, New York, New York Southern District

November 10, 2022

In Mass Tort Cases, New York Judge Permits Redactions of Creditors’ Names
One month apart, two judges in New York differed on the extent to which they permitted redactions of information about creditors, their identities and addresses.
2nd Circuit, New York, New York Southern District

November 02, 2022

A Security Deposit Is an Unsecured Loan, Unless State Law or the Lease Says Otherwise
If a tenant’s security deposit was swept by the landlord’s secured creditor but was not held in trust, the tenant has no recourse other than to file an unsecured claim.
2nd Circuit, New York, New York Southern District