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ABI Journal

New York

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

Tax Foreclosure in New York Can Be a Fraudulent Transfer, District Judge Says

The Supreme Court’s BFP opinion on mortgage foreclosures held not applicable to tax foreclosures in New York.

2nd Circuit
New York
New York Western 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

Bankruptcy Judge Regulates the Unregulated Debt-Reduction Service Industry

Section 502(b)(4) shields debtors from overreaching lawyers in a new context.

2nd Circuit
New York
New York Eastern District

Islamic Law Informs the Court in Interpreting a Marital Contract

Courts split on the dischargeability of debts incurred in the course of divorce or separation.

2nd Circuit
New York

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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