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ABI Journal

New York

Discharge May Be Enforced in Another District, Brooklyn Judge Says

Bankruptcy court has power to entertain a nationwide class action asserting a discharge violation.

2nd Circuit
New York
New York Eastern District

Bankruptcy Settlement Didn’t Discharge All Environmental Claims, New York Judge Says

Due process considerations persuaded District Judge Oetken to conclude that a creditor’s claims, unknown at the time, were not barred by a settlement.

2nd Circuit
New York
New York Southern District

‘Plain Language’ Puts Small-Dollar Avoidance Suits in the Debtor’s Home Court

Congress may have made a mistake in drafting, but the plain language of 28 U.S.C. § 1409(b) must control, Judge Grossman says.

2nd Circuit
New York
New York Eastern District

No Retroactive Adequate Protection in Chapter 13, Judge Trust Says

Long Island judge follows ‘Burt’ Lifland and rules that a secured creditor is not entitled to adequate protections for periods of time before filing a motion giving rise to adequate protection.

2nd Circuit
New York
New York Eastern District

The Standards for a Pre-Filing Injunction Against a Vexatious Litigant

The record as a whole and the likelihood of further abuse justify a pre-filing injunction.

2nd Circuit
New York
New York Eastern District

Safe Harbor Bars Foreign Liquidators from Recovering Money Stolen in the U.S.

Another opinion shows that Congress wrote Section 546(e) in a manner that goes far beyond protecting the securities markets in the U.S.

2nd Circuit
New York
New York Southern District

Madoff Trustee Wins Prejudgment Interest from ‘Net Winner’ Who Didn’t Settle

By continuing to litigate for 10 years on a lost cause, prejudgment interest will ‘up’ a fraudulent transfer defendant’s liability by 40%.

2nd Circuit
New York
New York Southern District

New York’s High Court Splits on Federal Preemption of Tortious Interference Claims

New York Court of Appeals decision opens the door to state court suits against third parties who cause debtors to breach contracts with lenders.

2nd Circuit
New York

Courts Split on Paying Chapter 13 Trustee Fees in Cases Dismissed Before Confirmation

Long Island judge finds no ambiguity in two statutes that other courts have found ambiguous when read together.

2nd Circuit
New York
New York Eastern District

On a Split, Long Island Judge Allows Selling a Home Despite the Homeowner’s Objection

A homestead exemption does not bar selling a home when the chapter 7 debtor has no equity in the property, Judge Robert Grossman says.

2nd Circuit
New York
New York Eastern District
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