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ABI Journal

New York Southern District

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.

2nd Circuit
New York
New York Southern District

Survivor’s Pension Benefits Are Not ‘Retiree Benefits’ Protected by Section 1114

Judge uses legislative history because Section 1114 is ambiguous.

2nd Circuit
New York
New York Southern District

Transferring COMI to Avoid Liquidation Is Ok in Chapter 15

New York offers a chapter 15 home for foreign companies hoping to avoid liquidation.

2nd Circuit
New York
New York Southern District

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.

2nd Circuit
New York
New York Southern District

Defamation Claim Is Not a Personal Injury Tort, New York Judge Rules

California’s anti-SLAPP statute is substantive, but not entirely enforceable in federal court.

2nd Circuit
New York
New York Southern District

District Judge Limits Second Circuit Rule on Standing for Successorship Claims

GM’s ignition switch fiasco continues making bankruptcy law on deprivation of the constitutional right to notice.

2nd Circuit
New York
New York Southern District

Russian Bankruptcy Given Chapter 15 Recognition Despite Allegations of Corruption

‘Disinterestedness’ doesn’t apply to a foreign representative in chapter 15.

2nd Circuit
New York
New York Southern District

Bankruptcy Judge Rejects Equitable Defenses to Fraudulent Transfer Claim

Madoff trustee racks up two victories in one day.

2nd Circuit
New York
New York Southern District

Bankruptcy Judge Has No Power to ‘Unrefer’ a Suit to District Court

Another New York judge refuses to send a case to Delaware.

2nd Circuit
New York
New York Southern District

Personal Bankruptcy Bars Incarceration, but Not Finding of Civil Contempt

FTC allowed to continue contempt proceedings for failure to pay restitution.

2nd Circuit
New York
New York Southern District
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