District Court Strictly Enforces ‘Adequate Assurance’ Standards for Shopping Centers District court reverses and bars Sears from assigning Mall of America lease. Read more about District Court Strictly Enforces ‘Adequate Assurance’ Standards for Shopping Centers
Bankruptcy Court Still Has Power to Enter Final Judgments by Default after Wellness Failure to respond to a well-pleaded complaint implies consent for the bankruptcy court to enter final judgment in an avoidance action, Judge Glenn rules. Read more about Bankruptcy Court Still Has Power to Enter Final Judgments by Default after Wellness
A Chapter 11 Filing Can Extend an Inflexible Closing Date by 60 Days Filing a chapter 11 petition to obtain an automatic 60-day extension of a closing date is not a bad faith filing, Judge Bernstein says. Read more about A Chapter 11 Filing Can Extend an Inflexible Closing Date by 60 Days
Courts Interpret Brunner Too Harshly, Bankruptcy Judge Cecelia Morris Says A debtor with a law degree but only $37,500 in gross annual income was permitted to discharge more than $220,000 in student loans. Read more about Courts Interpret Brunner Too Harshly, Bankruptcy Judge Cecelia Morris Says
Immediately Withdrawing the Reference Is ‘Absurd,’ District Judge Says Defendants in lawsuits by Lehman Brothers are stuck in bankruptcy court until the cases are ready for a jury trial. Judge Name - Do not use it. William H. Pauley, III Read more about Immediately Withdrawing the Reference Is ‘Absurd,’ District Judge Says
Losing Competitive Advantage Doesn’t Justify Redacting a Settlement Agreement Judge Garrity in New York adopts a narrow view of ‘commercial information’ that may be redacted in a court filing. Judge Name - Do not use it. James L. Garrity, Jr. Read more about Losing Competitive Advantage Doesn’t Justify Redacting a Settlement Agreement
New York Judge Refuses to Waive Collateralization for Debtors’ Bank Accounts In a large ‘prepack,’ the debtor was required to spend $80,000 a month for its depository bank to obtain a bond required by Section 345(b). Judge Name - Do not use it. James L. Garrity, Jr. Read more about New York Judge Refuses to Waive Collateralization for Debtors’ Bank Accounts
Rule 2004 Discovery Barred for Use in Litigation Outside Bankruptcy Court Judge Sean Lane publishes an opinion to nip an improper discovery tactic in the bud. Judge Name - Do not use it. Sean H. Lane Read more about Rule 2004 Discovery Barred for Use in Litigation Outside Bankruptcy Court
Religious Contributions Not Considered in Dischargeability of Student Loans First Amendment doesn’t compel deduction of religious contributions in finding an ‘undue hardship’ justifying the discharge of student loans. Judge Name - Do not use it. Alvin K. Hellerstein Read more about Religious Contributions Not Considered in Dischargeability of Student Loans
Delay in Appointment of a Foreign Representative Isn’t Fatal to Chapter 15 Recognition Allegedly repudiating U.S. dollar obligations won’t preclude a finding of property in the U.S., Judge Lane rules. Judge Name - Do not use it. Sean H. Lane Read more about Delay in Appointment of a Foreign Representative Isn’t Fatal to Chapter 15 Recognition