The GM Creditors’ Trust Opens a Can of Worms by Nixing a Settlement Bankruptcy judge finds bad faith for walking out on a fully documented but unsigned settlement. Judge Name - Do not use it. Martin Glenn Read more about The GM Creditors’ Trust Opens a Can of Worms by Nixing a Settlement
Bankruptcy Courts Cannot Impose Punitive Contempt Sanctions, District Judge Says Circuits split on power of bankruptcy courts to impose punitive or criminal contempt sanctions. Judge Name - Do not use it. Geoffrey W. Crawford Read more about Bankruptcy Courts Cannot Impose Punitive Contempt Sanctions, District Judge Says
Extraterritoriality of Avoiding Powers Goes to the Second Circuit A split of circuits will result if the Second Circuit does not reverse a Madoff decision. Judge Name - Do not use it. Jed Rakoff Read more about Extraterritoriality of Avoiding Powers Goes to the Second Circuit
The Proper Role of an Expert on Willful Blindness in a Fraudulent Transfer Suit Madoff spawns more law, this time on expert testimony about the good faith defense to a fraudulent transfer with ‘actual intent.’ Judge Name - Do not use it. Stuart M. Bernstein Read more about The Proper Role of an Expert on Willful Blindness in a Fraudulent Transfer Suit
French ‘Safeguard’ Plan Held to Qualify for Enforcement in the U.S. New York judge enforces a French reorganization similar to a U.S. prepack. Judge Name - Do not use it. Martin Glenn Read more about French ‘Safeguard’ Plan Held to Qualify for Enforcement in the U.S.
Manhattan Judge Refuses to Rubber-Stamp a Sealing Motion Protecting negotiating leverage isn’t grounds for sealing the terms of a lease. Judge Name - Do not use it. Stuart M. Bernstein Read more about Manhattan Judge Refuses to Rubber-Stamp a Sealing Motion
New York Judge Bars Use of Chapter 15 to Disrupt a Foreign Bankruptcy ‘Bankruptcy tourism’ seems unaffected by an unusual cross-border insolvency. Judge Name - Do not use it. Sean H. Lane Read more about New York Judge Bars Use of Chapter 15 to Disrupt a Foreign Bankruptcy
Trustee’s Stated Intent to Abandon by Itself Won’t Allow a Debtor to Sell Estate property must be formally abandoned before the power of sale reverts to the debtor. Judge Name - Do not use it. Martin Glenn Read more about Trustee’s Stated Intent to Abandon by Itself Won’t Allow a Debtor to Sell
Owning a Home Through an LLC Can Preclude a Homestead Exemption State laws vary on allowing homestead status for a house owned through an LLC. Judge Name - Do not use it. Colleen A. Brown Read more about Owning a Home Through an LLC Can Preclude a Homestead Exemption
New GM Ignition Switch Suits Can Proceed in State Court, District Judge Says The circuit court’s resolution of the bankruptcy law question prevents New GM from removing new suits to federal court. Judge Name - Do not use it. Jesse M. Furman Read more about New GM Ignition Switch Suits Can Proceed in State Court, District Judge Says