August 31, 2016

Delaware Judge Splits with New York by Upholding Reclamation Creditors’ Rights

Judge Walrath disagrees with Judges Lifland and Gonzales on reclamation rights.

3rd Circuit, Delaware

August 01, 2016

New York District Judge Lays Down Lenient Standard for Imputing Fraudulent Intent

Former Bankruptcy Judge Gerber reversed in Lyondell for being too strict, then for being too lenient.

2nd Circuit, New York, New York Southern District

July 29, 2016

Circuits Split on Invoking Safe Harbor Whenever a Bank Serves as Conduit

Seventh Circuit won’t immunize an LBO from fraudulent transfer just by using a bank conduit.

7th Circuit

July 20, 2016

Two New York Judges Disagree on Anti-Ipso Facto Law and Lehman Flip Clauses

Judge Chapman rejects former Judge Peck’s opinion invalidating flip clauses in swaps.

2nd Circuit

July 19, 2016

Six Year Delay in Serving a Complaint Is Ok, GM’s Bankruptcy Judge Rules

GM case will decide applicability of ‘safe harbor’ to interest payments on debt securities.

2nd Circuit

July 01, 2016

Complex Litigation Can Beat a Valid Forum Selection Clause

Enforcement of a forum selection clause is sometimes not mandatory, Delaware judge says.

3rd Circuit, Delaware

June 20, 2016

Courts Trending Toward Motion Date to Begin Adequate Protection Payments

Courts employ three dates for commencement of adequate protection payments.

10th Circuit, New Mexico

June 17, 2016

New York District Judges Disagree on Arbitrating Violations of the Discharge Injunction

Important bankruptcy class action cases heading for the Second Circuit.

2nd Circuit, New York, New York Southern District

June 14, 2016

Supreme Court Invalidates Puerto Rico’s Local Law for Municipal Debt Adjustment

Congress is the last resort for Puerto Rico to deal with looming debt default.

Supreme Court

June 13, 2016

Supreme Court Opinion Sheds Some Light on the Municipal Debt-Adjustment Case

High court pronounces on Puerto Rico’s sovereignty. Will it do so a second time?

Supreme Court