Skip to main content
Help Center
ABI Journal

2nd Circuit

District Court Endorses Opt-Out to Confirm Substantive Consolidation Plans

Augie/Restivo problems are avoided by including opt-out provisions in a substantive consolidation chapter 11 plan.

2nd Circuit
New York
New York Southern District

Madoff Opinions Ease Pleading Requirements in Suits Against Subsequent Transferees

Bankruptcy Judge Vyskocil holds that alter ego need not be alleged to recover from a corporation’s sole shareholder as the beneficiary of a fraudulent transfer.

2nd Circuit
New York
New York Southern District

SIPA Bars General Unsecured Claims for Failure to Transfer Accounts Before Filing

The trustee for a bankrupt broker can ignore an individual customer’s request to transfer securities to a solvent broker and may instead transfer customer accounts in bulk.

2nd Circuit
New York
New York Southern District

Court May Depart from the Code When the Debtor Consents and No One Objects

Unique facts were again the basis for a result seemingly at odds with the statute.

2nd Circuit
New York
New York Northern District

Flip Clauses in Swaps Held Enforceable by District Judge in New York

For swaps, the Section 560 safe harbor overrides the anti-ipso facto provisions in the Bankruptcy Code.

2nd Circuit
New York
New York Southern District

Second Circuit Bars Arbitration in a Class Action for Violating the Discharge Injunction

New case seems inconsistent with Second Circuit’s prior opinion compelling arbitration over an automatic stay violation.

2nd Circuit

Which Court Has a Better Claim to Jurisdiction in Successive Bankruptcies?

Yet another example of how hard cases make bad law.

2nd Circuit
New York
New York Eastern District

Plan Confirmation Cuts Off Adverse Claims to Ownership of Debtor’s Property

Res judicata is flexibly applied again to bankruptcy cases.

2nd Circuit
New York
New York Southern District

Second Circuit Says Tenuous Connections Establish “Related To” Bankruptcy Jurisdiction

‘Plausibility’ evidently does not apply when pleading ‘related to’ bankruptcy jurisdiction.

2nd Circuit

Simply Initiating Events that Later Violate the Stay Is Not a Stay Violation

Second Circuit approves a stay-violation defense in a nonprecedential opinion.

2nd Circuit
Subscribe to %1