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May 28, 2025

Opting Out Is Consent for Nondebtor Chapter 11 Releases, New York Judge Says
Another bankruptcy court in New York holds that the ability to opt out of nondebtor releases represents consent after Purdue.
2nd Circuit, New York, New York Southern District

April 25, 2024

New York Judge Rejects a ‘Lockup’ Long Before a Plan Is Negotiated
New York’s Judge Martin Glenn disapproved a lockup agreement masquerading as a plan-support agreement that required the creditor to vote for any plan the debtor might propose.
2nd Circuit, New York, New York Southern District

September 20, 2022

Claims Agents Aren’t Junior Judges Ruling on the Validity of Claim Transfers
The transferee of a claim doesn’t have standing to object to recording the transfer of a claim to it on the claims docket, Judge Garrity says.
2nd Circuit, New York, New York Southern District

November 30, 2021

Chapter 15 Permits Discovery to Lay Groundwork for a Lawsuit, New York Judge Says
Judge Garrity wasn’t required to rule on whether Bankruptcy Rule 2004 applies in chapter 15 cases.
2nd Circuit, New York, New York Southern District

October 20, 2020

Exotic Aircraft Finance Defeats a Trustee on Recharacterization
Electing English law upheld, even though no one had any connection with the U.K.
9th Circuit, California, California Central District

September 11, 2020

Rejection Didn’t Rescind Sale of Future Credit Card Receivables, New York Judge Says
Bankruptcy Judge Glenn hints that the lenders and the debtor should mediate tough questions about the enforceability of a $150 million ‘sale’ of future credit card receivables.
2nd Circuit, New York, New York Southern District

February 20, 2019

Huge Liquidated Damages Held Unenforceable in an Aircraft Lease
Although the parties were sophisticated, New York judge finds that a liquidated damages clause was actually an unenforceable penalty.
2nd Circuit, New York, New York Southern District

June 13, 2017

Debtor Must Turn Over a Portion of Accrued Vacation Pay to the Trustee, District Judge Holds
The value of prepaid family expenses belongs to the trustee, even without being a fraudulent transfer.
9th Circuit, Arizona

April 13, 2016

Aircraft Lenders Lose Again on Requiring Compliance with Return Provisions
New York judge summarizes prior decisions about returning surplus aircraft.
2nd Circuit, New York, New York Southern District