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ABI Journal

New York Southern District

District Judge Rules Section 562 Does Not Apply to Terminations by Agreement

Section 562 applies to fix the date for calculating damages only if the debtor rejects or the creditor terminates, New York district judge says.

2nd Circuit
New York
New York Southern District

Section 363(m) Won’t Protect a Buyer with Detailed Knowledge of an Adverse Claim

A bankruptcy judge’s finding regarding status as a good faith purchaser is not the final word on appeal.

2nd Circuit
New York
New York Southern District

Class Settlements After Confirmation Require Rule 23 Class Certification

Judge Glenn in Manhattan straightens up some of the mess created when GM didn’t disclose ignition switch defects before confirmation.

2nd Circuit
New York
New York Southern District

Bankruptcy Court Still Has Jurisdiction Seven Years After Confirmation

Venue in the bankruptcy court is ok for suits brought under a liquidating plan.

2nd Circuit
New York
New York Southern District

New York Judge Rails Against the Use of ‘Appearance Counsel’

Multiple ethical violations may occur with the use of so-called appearance counsel in consumer bankruptcies.

2nd Circuit
New York
New York Southern District

New York Judge Finds Constitutional Power to Enter Default Judgments

Assuming service was properly effected, Judge Martin Glenn views Wellness International as permitting bankruptcy courts to enter final default judgments in all adversary proceedings.

2nd Circuit
New York
New York Southern District

New York Judge Takes a Forgiving View of ‘Actual Conflict’ in Section 327(c)

Firm allowed to drop a creditor-client and represent the debtor in chapter 11.

2nd Circuit
New York
New York Southern District

U.S. Trustee Criticized for Dumping the ‘Jay Alix Protocol’

New York bankruptcy judge approves retention of a crisis manger under Section 363(b) who might be disqualified under Section 327(a).

2nd Circuit
New York
New York Southern District

Chapter 15 Allows Discovery Not Available under Foreign Law, District Judge Says

Arbitration agreement doesn’t preclude discovery in chapter 15, district judge rules.

2nd Circuit
New York
New York Southern District

GM Ignition Switch Litigation Makes Law on Punitive Damages and Law of the Case

Ten years later, courts are still sorting out who’s liable for Old GM’s failure to disclose a known defect.

2nd Circuit
New York
New York Southern District
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