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ABI Journal

2nd Circuit

Madoff ‘Net Equity’ Method Was Properly Applied to Inter-Account Transfers

Madoff trustee’s newest appellate victory again disregards fictitious profits.

2nd Circuit
New York
New York Southern District

No ‘Innocent Insider’ Exception to In Pari Delicto in New York, Judge Holds

New York becomes even more inhospitable to trustees facing in pari delicto defense.

2nd Circuit
New York
New York Southern District

New York’s ‘Loss Mitigation’ Program Survives One Lender Attack

SDNY’s ‘loss mitigation’ program for mortgage modification may face another attack.

2nd Circuit
New York
New York Southern District

Second Circuit Broadly Reads Claim Subordination Under Section 510(b)

Lehman co-underwriters are stuck with worthless contribution claims.

2nd Circuit

District Judge Packs Off New GM to the First Ignition Switch Trial in Oklahoma

New GM and ignition switch plaintiffs play high-stakes poker in federal court.

2nd Circuit
New York
New York Southern District

Elected Chapter 7 Trustee Must Be Disinterested, Long Island Judge Holds

Judge imposes disinterestedness requirement not included in the statute.

2nd Circuit
New York
New York Eastern District

SEC Can Freeze Assets Without Violating the Automatic Stay, Circuit Holds

Bankruptcy failed to insulate the Wyly brothers from an SEC asset freeze.

2nd Circuit

Second Circuit Charts a New Course Favoring Debtors on the FDCPA

Circuit split grows on the conflict between the Bankruptcy Code and the FDCPA.

2nd Circuit
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