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ABI Journal

2nd Circuit

Post-Confirmation Jurisdiction Is Narrow Following a Bona Fide Reorganization

After confirmation, New York’s Judge Glenn requires ‘close nexus’ for jurisdiction.

2nd Circuit
New York
New York Southern District

Mortgage Servicer Saddled with $375,000 in Sanctions for Violating Rule 3002.1

For a repeat offender, less than $1,000 in improper charges resulted in large sanctions.

2nd Circuit
Vermont

Denial of Motions to Dismiss Petitions: Are They Final or Not?

Bullard leaves questions unanswered when debtors move to dismiss their own petitions.

2nd Circuit
New York
New York Eastern District

Connecticut District Judge Allows ‘Chapter 20’ to Strip Off Subordinate Lien

Second Circuit primed to agree or split with three circuits on ‘chapter 20’ lien stripping.

2nd Circuit
Connecticut

Violating the Automatic Stay Isn’t Contempt Without Intent

Intentional tort concepts imposed on proceedings for contempt of the automatic stay.

2nd Circuit
New York
New York Eastern District

New York District Judge Lays Down Lenient Standard for Imputing Fraudulent Intent

Former Bankruptcy Judge Gerber reversed in Lyondell for being too strict, then for being too lenient.

2nd Circuit
New York
New York Southern District

Preference Rules Are the Same When Two Bankruptcies Collide

The Dreier Ponzi scheme, like Madoff, makes law on claims of defrauded creditors.

2nd Circuit

Two New York Judges Disagree on Anti-Ipso Facto Law and Lehman Flip Clauses

Judge Chapman rejects former Judge Peck’s opinion invalidating flip clauses in swaps.

2nd Circuit

Six Year Delay in Serving a Complaint Is Ok, GM’s Bankruptcy Judge Rules

GM case will decide applicability of ‘safe harbor’ to interest payments on debt securities.

2nd Circuit

Second Circuit Drubs New GM on Successor Liability for Ignition Switch Defects

Due process failure exposes New GM to liabilities for Old GM’s conduct.

2nd Circuit
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