Judge Punts on How the Rule of Explicitness Survived Adoption of the Code
Circuits split on whether Section 510(b) killed off the exception to the Rule of Explicitness.
Judge Name - Do not use it.
Deborah A. Batts
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Appeals Brewing on Breadth of the Barton Doctrine in the Second Circuit
Will the Second Circuit follow the Ninth with a broad reading of Barton v. Barbour?
Judge Name - Do not use it.
Martin Glenn
Clever Pleading Won’t Allow Individual Creditors to Sue, Madoff District Judge Says
Decision draws the line between common claims and those particular to individual creditors.
Judge Name - Do not use it.
Gregory H. Woods
Transferring Venue Isn’t Easier Just Because There Is Bankruptcy Jurisdiction
New York district judge keeps a lawsuit out of the hands of a Delaware bankruptcy judge.
Judge Name - Do not use it.
Gregory H. Woods
Preference Law Held Not to Have Extraterritorial Application
New York’s Judge Bernstein delves into the splits on extraterritoriality.
Judge Name - Do not use it.
Stuart M. Bernstein
New York District Judges Are Split on Drawing Inferences of Fraud from Executives
Reversed by one district judge, Bankruptcy Judge Gerber was lauded by another on the same issue.
Judge Name - Do not use it.
Richard J. Sullivan, Denise Cote, Robert E. Gerber
Circuit and District Courts Split on Maritime Liens in the Wake of Bankruptcy
O.W. Bunker bankruptcy tees up decisive Second Circuit rulings on liens for ‘necessaries.’
Judge Name - Do not use it.
Valerie Caproni
New York Judge Requires Hedge Funds to Disclose Their Investors
Evidence must show that hedge fund investors’ identities are ‘commercial information.’
Judge Name - Do not use it.
Martin Glenn
New York Bankruptcy Judge Bars Use of ‘Safe Harbor’ When Bank Is Only a Conduit
Buffalo judge braves Second Circuit authority to disregard ‘safe harbor’ in stock buyback.
Judge Name - Do not use it.
Michael J. Kaplan
Serving a Complaint on a Bank by Ordinary Mail Is a Nullity
Without service by certified mail, a bank is not compelled to respond to a complaint.
Judge Name - Do not use it.
Arthur D. Spatt