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2nd Circuit

A Foreign Branch of an FDIC-Insured U.S. Bank Remains Ineligible for Chapter 15

The district court affirmed the holding by Bankruptcy Judge Martin Glenn that a foreign branch of a U.S. bank isn’t eligible for chapter 15.

2nd Circuit
New York
New York Southern District

Second Circuit Takes Sides on a Section 365(d)(5) Circuit Split

The ‘billing approach,’ not the ‘accrual approach,’ decides whether there is a priority claim for personal property and real estate leases more than 60 days after filing.

2nd Circuit

Barton Halted Third Parties from Suing in an Allegedly Better Forum

When third parties sued a trust created by a confirmed chapter 11 plan, Judge Garrity declined to invent any new exceptions to the Barton doctrine.

2nd Circuit
New York
New York Southern District

A Mortgage Deficiency Judgment Is a Judicial Lien Subject to Avoidance Under § 522(f)

A deficiency judgment resulting from mortgage foreclosure is not ‘a judgment arising out of a mortgage foreclosure’ and can be avoided as a judgment lien.

2nd Circuit
Connecticut

Sears Landlord Wins Big Supreme Court Appeal But Has Nothing to Show for the Effort

Like she did in Purdue, District Judge Colleen McMahon correctly predicted how the higher court would rule in a big, important case.

2nd Circuit
New York

Constitutional and Prudential Standing Survived Truck Insurance, Judge Kinsella Says

Did the notion of ‘prudential standing’ in bankruptcy cases survive Truck Insurance?

2nd Circuit
New York
New York Northern District

Purdue Preliminary Injunction Protecting Nondebtors Upheld on Appeal

The same district judge who correctly predicted that Purdue’s nonconsensual releases were prohibited has nonetheless upheld a preliminary injunction barring suits against nondebtors.

2nd Circuit
New York
New York Southern District

Class Action Commonality Justifies an ‘Opt Out’ Plan for Nondebtor Releases

With an exception, cases after Purdue are pointing toward approval of nondebtor releases where creditors are only allowed to opt out.

2nd Circuit
New York
New York Northern District

Purdue Creditors Given Derivative Standing to Sue the Sacklers

Bankruptcy Judge Sean Lane says that Delaware corporate law can’t prevent committees from having derivative standing.

2nd Circuit
New York
New York Southern District

Proceedings on a Confession of Judgment Can’t Be Removed as ‘Related To’

At least in New York, proceedings on a confession of judgment are neither a ‘claim’ nor a ‘cause of action’ and can’t be removed under 28 U.S.C. § 1452(a).

2nd Circuit
New York
New York Southern District
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