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Unique facts were again the basis for a result seemingly at odds with the statute.
For swaps, the Section 560 safe harbor overrides the anti-ipso facto provisions in the Bankruptcy Code.
New case seems inconsistent with Second Circuit’s prior opinion compelling arbitration over an automatic stay violation.
Yet another example of how hard cases make bad law.
Res judicata is flexibly applied again to bankruptcy cases.
‘Plausibility’ evidently does not apply when pleading ‘related to’ bankruptcy jurisdiction.
Second Circuit approves a stay-violation defense in a nonprecedential opinion.
Bankruptcy judge finds bad faith for walking out on a fully documented but unsigned settlement.
Circuits split on power of bankruptcy courts to impose punitive or criminal contempt sanctions.
A split of circuits will result if the Second Circuit does not reverse a Madoff decision.
