New York Stands Alone by Not Requiring Delivery to Transfer a Note and Mortgage District judge makes an ‘Erie’ guess on an undecided issue of New York law. Judge Name - Do not use it. Frank P. Geraci, Jr. Read more about New York Stands Alone by Not Requiring Delivery to Transfer a Note and Mortgage
Mortgage Survives Chapter 13 Even Though the Secured Claim Was Disallowed New York judge disagrees with Ninth Circuit on the effect of disallowance of a secured claim. Judge Name - Do not use it. Diane Davis Read more about Mortgage Survives Chapter 13 Even Though the Secured Claim Was Disallowed
Need for Multinational Corporate Insolvency Law Shown in China Fishery Decision Judges must use patchwork approach when handling a huge, multinational debtor. Judge Name - Do not use it. James L. Garrity, Jr. Read more about Need for Multinational Corporate Insolvency Law Shown in China Fishery Decision
Profit-Sharing Clause Unenforceable in a Bankruptcy Lease Auction Provision depressing debtor’s income at a lease auction is unenforceable under Section 365(f). Judge Name - Do not use it. Nelson S. Román Read more about Profit-Sharing Clause Unenforceable in a Bankruptcy Lease Auction
Subordination Clause Held Ineligible for Arbitration Creditors bat 500 this fall when trying to compel arbitration in the Southern District of New York. Judge Name - Do not use it. Edgardo Ramos Read more about Subordination Clause Held Ineligible for Arbitration
Religious Court Had No Pecuniary Interest and Thus Lacked Standing to Appeal Rabbinical court was barred from attaching an injunction under the First Amendment. Judge Name - Do not use it. Cathy Seibel Read more about Religious Court Had No Pecuniary Interest and Thus Lacked Standing to Appeal
Successor to Bankrupt Company Saddled with Pre-Bankruptcy Environmental Claims Discharge was no bar to claims not recognized until after bankruptcy. Judge Name - Do not use it. Dora L. Irizarry Read more about Successor to Bankrupt Company Saddled with Pre-Bankruptcy Environmental Claims
New York Judge Rejects Ninth Circuit’s Ybarra Doctrine that Revives Discharged Claims Ninth Circuit decision based on policy, not statutory language, is wrong, S.D.N.Y. judge says. Judge Name - Do not use it. John G. Koeltl Read more about New York Judge Rejects Ninth Circuit’s Ybarra Doctrine that Revives Discharged Claims
Post-Confirmation Jurisdiction Is Narrow Following a Bona Fide Reorganization After confirmation, New York’s Judge Glenn requires ‘close nexus’ for jurisdiction. Judge Name - Do not use it. Martin Glenn Read more about Post-Confirmation Jurisdiction Is Narrow Following a Bona Fide Reorganization
Denial of Motions to Dismiss Petitions: Are They Final or Not? Bullard leaves questions unanswered when debtors move to dismiss their own petitions. Judge Name - Do not use it. Kiyo A. Matsumoto Read more about Denial of Motions to Dismiss Petitions: Are They Final or Not?