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ABI Journal

2nd Circuit

Clever Pleading Won’t Allow Individual Creditors to Sue, Madoff District Judge Says

Decision draws the line between common claims and those particular to individual creditors.

2nd Circuit
New York
New York Southern District

Second Circuit Discusses Role of Chapter 15 in Cross-Border Litigation

Chapter 15 isn’t the exclusive means for enforcing foreign bankruptcy court judgments.

2nd Circuit

Second Circuit Blesses a Nonconsensual Out-of-Court Restructuring

Appeals court focuses on the methods, not the result, in looking for a TIA violation.

2nd Circuit

Transferring Venue Isn’t Easier Just Because There Is Bankruptcy Jurisdiction

New York district judge keeps a lawsuit out of the hands of a Delaware bankruptcy judge.

2nd Circuit
New York
New York Southern District

Preference Law Held Not to Have Extraterritorial Application

New York’s Judge Bernstein delves into the splits on extraterritoriality.

2nd Circuit
New York
New York Southern District

New York District Judges Are Split on Drawing Inferences of Fraud from Executives

Reversed by one district judge, Bankruptcy Judge Gerber was lauded by another on the same issue.

2nd Circuit
New York
New York Southern District

Circuit and District Courts Split on Maritime Liens in the Wake of Bankruptcy

O.W. Bunker bankruptcy tees up decisive Second Circuit rulings on liens for ‘necessaries.’

2nd Circuit
New York
New York Southern District

‘All Assets’ Combined with ‘Including’ Makes a UCC-1 Bulletproof, Circuit Says

Even if location is wrong, financing statement is sufficient by saying ‘all assets.’

2nd Circuit

New York Judge Requires Hedge Funds to Disclose Their Investors

Evidence must show that hedge fund investors’ identities are ‘commercial information.’

2nd Circuit
New York
New York Southern District

New York Bankruptcy Judge Bars Use of ‘Safe Harbor’ When Bank Is Only a Conduit

Buffalo judge braves Second Circuit authority to disregard ‘safe harbor’ in stock buyback.

2nd Circuit
New York
New York Western District
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