Rule 11 Sanctions Coming for Madoff Customers Refusing to Give Up ‘Fictitious Profits’ Two district judges are becoming incensed by ‘net winners’ in the Madoff Ponzi scheme who continue litigating and losing on the same issues. Read more about Rule 11 Sanctions Coming for Madoff Customers Refusing to Give Up ‘Fictitious Profits’
Purdue District Judge Authorizes Appeal to the Second Circuit on Non-Debtor Releases The district judge who overturned confirmation of Purdue’s chapter 11 plan is requiring the debtor to expedite the appeal to the Second Circuit. Read more about Purdue District Judge Authorizes Appeal to the Second Circuit on Non-Debtor Releases
Third-Party, Non-Consensual Releases Nixed in the Purdue ‘Opioid’ Reorganization Manhattan district judge vacated confirmation of Purdue Pharma’s chapter 11 plan because the court had no statutory power to impose non-consensual releases of creditors’ direct claims against non-debtors. Read more about Third-Party, Non-Consensual Releases Nixed in the Purdue ‘Opioid’ Reorganization
No ‘Core’ Jurisdiction to Protect Nondebtors with Injunctions, N.Y. District Judge Says New York district judge differs with the Third Circuit on a bankruptcy court’s constitutional power to issue nondebtor, third-party releases. Read more about No ‘Core’ Jurisdiction to Protect Nondebtors with Injunctions, N.Y. District Judge Says
Is Section 363(m) Jurisdictional or Only a Limit on the Power of an Appellate Court? The belief that Section 363(m) is jurisdictional allowed a buyer to profit from taking a misleading position in bankruptcy court. Read more about Is Section 363(m) Jurisdictional or Only a Limit on the Power of an Appellate Court?
District Court Strictly Enforces ‘Adequate Assurance’ Standards for Shopping Centers District court reverses and bars Sears from assigning Mall of America lease. Read more about District Court Strictly Enforces ‘Adequate Assurance’ Standards for Shopping Centers
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. Judge Name - Do not use it. Colleen McMahon Read more about New York and Delaware Agree: Releases Are Constitutionally Ok in Confirmation Orders