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New York Southern District

Lawyer Hit with $47,000 in Sanctions for Filing Fictitious Schedules

A lawyer was found to have committed fraud on the court for filing schedules claiming ownership of property that another court had found not to be the debtor’s property.

2nd Circuit
New York
New York Southern District

District Court Upholds the ‘Time Approach’ to Reduce Landlords’ Claims

Across the board, the district court affirmed a decision by Bankruptcy Judge Michael Wiles that minimized landlords’ claims resulting from lease termination or rejection.

2nd Circuit
New York
New York Southern District

A False Certificate of Payment (Temporarily) Barred a Landlord from Evicting

New York’s Judge David Jones explored the intricacies of Section 322(b)(22)’s bar to using bankruptcy to halt eviction.

2nd Circuit
New York
New York Southern District

Nonconsensual, Nondebtor Releases Prohibited by a District Court in a Subchapter V Case

A district judge in New York reversed a bankruptcy judge who had permitted a nonconsensual, nondebtor release in a Subchapter V case.

2nd Circuit
New York
New York Southern District

Mainland Chinese Company Wins Foreign Main Chapter 15 Recognition in New York

With no opposition, a mainland Chinese company with an approved arrangement in Hong Kong might win foreign main recognition in the U.S.

2nd Circuit
New York
New York Southern District

A Foreign Branch of an FDIC-Insured U.S. Bank Is Ineligible for Chapter 15

A foreign branch of a U.S. bank isn’t a foreign bank eligible for chapter 15.

2nd Circuit
New York
New York Southern District

Equity Governs When Lease Rejection May Be Retroactive to the Filing Date

The ‘cap’ for lease-rejection damages can start when the debtor attempts to surrender the premises.

2nd Circuit
New York
New York Southern District

How to Turn Prepetition Work into a Postpetition Administrative Claim

Prepetition brokerage fees characterized as rent under an aircraft lease were administrative claims to be paid in full under Section 365(d)(5).

2nd Circuit
New York
New York Southern District

Courts Are Split on Counting Future Rent Toward the $7.5 Million Debt Cap in Sub V

If future liability on unexpired leases and executory contracts is counted, many companies will be ineligible for Subchapter V of chapter 11.

2nd Circuit
New York
New York Southern District

Sub V Plan with Nondebtor Release Approved over Opposition from the Affected Class

A decision from a New York bankruptcy court makes nondebtor releases easier to obtain in Subchapter V than in large, mass tort chapter 11 cases.

2nd Circuit
New York
New York Southern District
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