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Second Circuit primed to agree or split with three circuits on ‘chapter 20’ lien stripping.
Intentional tort concepts imposed on proceedings for contempt of the automatic stay.
Former Bankruptcy Judge Gerber reversed in Lyondell for being too strict, then for being too lenient.
The Dreier Ponzi scheme, like Madoff, makes law on claims of defrauded creditors.
Judge Chapman rejects former Judge Peck’s opinion invalidating flip clauses in swaps.
GM case will decide applicability of ‘safe harbor’ to interest payments on debt securities.
Due process failure exposes New GM to liabilities for Old GM’s conduct.
Bankruptcy jurisdiction narrowly construed to bar suits between nondebtors.
Important bankruptcy class action cases heading for the Second Circuit.
Panel trustee suspended for unfair, harsh, accusatory examination of debtors.