Manhattan Judge Refuses to Rubber-Stamp a Sealing Motion
Protecting negotiating leverage isn’t grounds for sealing the terms of a lease.
Judge Name - Do not use it.
Stuart M. Bernstein
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New York Judge Bars Use of Chapter 15 to Disrupt a Foreign Bankruptcy
‘Bankruptcy tourism’ seems unaffected by an unusual cross-border insolvency.
Judge Name - Do not use it.
Sean H. Lane
Trustee’s Stated Intent to Abandon by Itself Won’t Allow a Debtor to Sell
Estate property must be formally abandoned before the power of sale reverts to the debtor.
Judge Name - Do not use it.
Martin Glenn
New GM Ignition Switch Suits Can Proceed in State Court, District Judge Says
The circuit court’s resolution of the bankruptcy law question prevents New GM from removing new suits to federal court.
Judge Name - Do not use it.
Jesse M. Furman
Non-Voting Creditors’ Consent to Third Party Releases Can’t Be Inferred
New York and Delaware judges disagree on third party releases by non-voting creditors.
Judge Name - Do not use it.
Stuart M. Bernstein
Interlocutory Orders Compelling Arbitration May Be Appealed with Permission
Shallow constitutional foundation of the bankruptcy court justifies allowing interlocutory appeals, district judge says.
Judge Name - Do not use it.
Jed S. Rakoff
Using a U.S. Bank Precludes a Foreigner from Winning Dismissal Based on Comity
Stay violation and turnover suits held proper extraterritorial application of U.S. law.
Judge Name - Do not use it.
Sean H. Lane
Survivor’s Pension Benefits Are Not ‘Retiree Benefits’ Protected by Section 1114
Judge uses legislative history because Section 1114 is ambiguous.
Judge Name - Do not use it.
Stuart M. Bernstein
Transferring COMI to Avoid Liquidation Is Ok in Chapter 15
New York offers a chapter 15 home for foreign companies hoping to avoid liquidation.
Judge Name - Do not use it.
Martin Glenn
Third Party Liability for Debtor’s Counsel Fees Precludes a Charging Lien
Third party liability for attorneys’ fees can leave debtor’s counsel in a worse position following nonpayment.
Judge Name - Do not use it.
Michael E. Wiles