Non-Voting Creditors’ Consent to Third Party Releases Can’t Be Inferred New York and Delaware judges disagree on third party releases by non-voting creditors. Judge Name - Do not use it. Stuart M. Bernstein Read more about Non-Voting Creditors’ Consent to Third Party Releases Can’t Be Inferred
Interlocutory Orders Compelling Arbitration May Be Appealed with Permission Shallow constitutional foundation of the bankruptcy court justifies allowing interlocutory appeals, district judge says. Judge Name - Do not use it. Jed S. Rakoff Read more about Interlocutory Orders Compelling Arbitration May Be Appealed with Permission
Second Circuit Splits with Third on Makewholes Occasioned by Bankruptcy Till doesn’t apply in fixing cramdown interest rates in major corporate reorganizations, circuit says. Judge Name - Do not use it. Barrington D. Parker Read more about Second Circuit Splits with Third on Makewholes Occasioned by Bankruptcy
Using a U.S. Bank Precludes a Foreigner from Winning Dismissal Based on Comity Stay violation and turnover suits held proper extraterritorial application of U.S. law. Judge Name - Do not use it. Sean H. Lane Read more about Using a U.S. Bank Precludes a Foreigner from Winning Dismissal Based on Comity
Previously Listing Property as a Principal Residence Didn’t Preclude a Later Cramdown Limited knowledge of English and ‘nuances’ in legal terms saved debtor from a fatal admission. Judge Name - Do not use it. Nancy Hershey Lord Read more about Previously Listing Property as a Principal Residence Didn’t Preclude a Later Cramdown
Survivor’s Pension Benefits Are Not ‘Retiree Benefits’ Protected by Section 1114 Judge uses legislative history because Section 1114 is ambiguous. Judge Name - Do not use it. Stuart M. Bernstein Read more about Survivor’s Pension Benefits Are Not ‘Retiree Benefits’ Protected by Section 1114
Transferring COMI to Avoid Liquidation Is Ok in Chapter 15 New York offers a chapter 15 home for foreign companies hoping to avoid liquidation. Judge Name - Do not use it. Martin Glenn Read more about Transferring COMI to Avoid Liquidation Is Ok in Chapter 15
Third Party Liability for Debtor’s Counsel Fees Precludes a Charging Lien Third party liability for attorneys’ fees can leave debtor’s counsel in a worse position following nonpayment. Judge Name - Do not use it. Michael E. Wiles Read more about Third Party Liability for Debtor’s Counsel Fees Precludes a Charging Lien
Defamation Claim Is Not a Personal Injury Tort, New York Judge Rules California’s anti-SLAPP statute is substantive, but not entirely enforceable in federal court. Judge Name - Do not use it. Stuart M. Bernstein Read more about Defamation Claim Is Not a Personal Injury Tort, New York Judge Rules
Second Circuit Upholds Denial of Arbitration in the Bankruptcy Context Second Circuit holds a dress rehearsal for a major arbitration decision. Read more about Second Circuit Upholds Denial of Arbitration in the Bankruptcy Context