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2nd Circuit

Second Circuit Doesn’t Compel a Liquidating Trustee to Arbitrate with an Insurer

Following the Supreme Court’s Morgan v. Sundance, the appeals court interpreted an arbitration agreement like any other contract, with no policy favoring arbitration over litigation.

2nd Circuit

Plan Confirmation Denied for Too Little Post-Confirmation Supervision by the Court

Bankruptcy Judge Littlefield insisted on supervision of post-confirmation legal fees when there was to be a ‘litany of litigation’ after confirmation.

2nd Circuit
New York
New York Northern District

Foreign Main Recognition in Chapter 15 Is Easy When No One Objects

Because all affected creditors were unanimous in support, Judge Michael Wiles didn’t agonize over whether the debtor actually had its center of main interests in the U.K.

2nd Circuit
New York
New York Southern District

A Contempt Sanction Is Not a ‘Money Judgment’ and Doesn’t Require Writ of Execution

A contempt sanction upholds the integrity of the court and doesn’t invoke Rule 69(a).

2nd Circuit
New York
New York Southern District

Courts Divided on Broad or Narrow Grounds for Transferring Venue Under Section 1412

Some courts don’t transfer venue under 28 U.S.C. § 1412 if the claims are only ‘related to’ the bankruptcy and don’t arise in the bankruptcy case or arise under the Bankruptcy Code.

2nd Circuit
New York
New York Western District

Opt-Out Plan Confirmed with Impaired Creditors Almost Unanimous in Support

In the Spirit Airlines reorganization, no creditors with an economic interest had opposed confirmation of a plan with opt-out releases for nondebtors.

2nd Circuit
New York
New York Southern District

Bankruptcy Judge Rejects a District Court’s Narrow View of Sales Free and Clear

New York’s Judge Philip Bentley interpreted Section 363(f)(5) to permit a sale free and clear whenever a creditor could conduct a foreclosure or a UCC sale.

2nd Circuit
New York
New York Southern District

New York Judge Devises a Flexible Remedy to Deal with Repeated Bad Faith Filings

New York’s Judge Philip Bentley and Prof. Robert Lawless urge Congress to adopt the ABI Commission’s recommendations for dealing with bad faith filings.

2nd Circuit
New York
New York Southern District

Texaco’s 1988 Confirmation Didn’t Kill Environmental Suits Decades Later

New York’s Bankruptcy Judge David Jones reopened Texaco’s 1988 bankruptcy to ensure that state courts wouldn’t mistakenly decide that environmental claims were discharged

2nd Circuit
New York
New York Southern District

Purdue Doesn’t Preclude Injunctions from Protecting Nondebtors for the Life of a Plan

New York’s Judge John Mastando saw no reason a Subchapter V plan couldn’t enjoin lawsuits against nondebtors for the life of a five-year plan.

2nd Circuit
New York
New York Southern District
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