2nd Circuit

New York Eastern District

Islamic Law Informs the Court in Interpreting a Marital Contract

Courts split on the dischargeability of debts incurred in the course of divorce or separation.

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GM Ignition Switch Litigation Makes Law on Punitive Damages and Law of the Case

Ten years later, courts are still sorting out who’s liable for Old GM’s failure to disclose a known defect.

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Connecticut Judge Takes Sides in a Circuit Split on Trademark License Rejection

A ‘cert’ petition is in the works to resolve the circuit split from Lubrizol regarding the rejection of trademark licenses.

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Connecticut

Claims Located in the U.S. Make a Foreign Debtor Eligible for Chapter 15

The Second Circuit’s Barnet opinion on Section 109(a)’s requirement of property in the U.S. is satisfied by claims located in the U.S.

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Chapter 15 Allows Discovery Not Available under Foreign Law, New York Judge Says

Bankruptcy Judge Shelley C. Chapman skirts an arbitration agreement to allow discovery.

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Non-Consensual Third-Party Releases Pass Muster in Chapter 15

Principles of comity justify enforcing a U.K. scheme of arrangement that releases non-filed affiliates’ guarantees.

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Debtor Successfully Claims an Exemption 19 Years after Discharge

Law v. Siegel allows exempting an asset that had not been scheduled.

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New York Western District

Structured Finance Protects Tuition Payments from Fraudulent Transfer Suits

Children were the initial transferees of tuition payments, thus giving schools the ‘good faith’ defense to fraudulent transfers.

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New York Eastern District

Not a ‘Mechanical Rule,’ Judicial Estoppel Requires Benefit, Second Circuit Says

Judicial estoppel requires ‘an effort to game the bankruptcy system.’

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