Preliminary Injunction Didn’t Render a Contract Nonexecutory
A preliminary injunction in state court didn’t invoke comity or Rooker-Feldman to bar the bankruptcy court from rejecting an executory contract.
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For the Cap on Lease Rejection Claims, Judge in the SDNY Adopts the ‘Time Approach’
Bankruptcy Judge Michael Wiles differed with his colleagues who in previous years had employed the ‘time approach’ in calculating a landlord’s rejection damages under Section 502(b)(6).
Crypto Customers Don’t Own Their Deposits with Celsius Network, Judge Glenn Says
Applying ordinary contract law, New York judge rules that customers are bound by contracts they haven’t read.
Claims Trader Criticized in New York for an Unauthorized PACER Filing
A court filing by a claims trader was stricken from the docket because it contained judges’ direct email addresses.
For Chapter 15 Recognition, the Foreign Proceedings Must Entail Insolvency
A foreign proceeding designed only to protect company assets won’t qualify as a ‘foreign proceeding’ entitled to recognition under chapter 15.
Security Interests Are Assignments of Accounts Receivable, New York High Court Says
Once an account debtor is notified to pay the lender, not paying an account receivable to the lender can mean that the account debtor pays twice.
No Interlocutory Appeal from Madoff Rulings on Suits Against Feeder Fund Customers
Subsequent transferees of Madoff’s fraudulent transfers won’t have an interlocutory appeal from denial of their motions to dismiss.
In Mass Tort Cases, New York Judge Permits Redactions of Creditors’ Names
One month apart, two judges in New York differed on the extent to which they permitted redactions of information about creditors, their identities and addresses.
A Security Deposit Is an Unsecured Loan, Unless State Law or the Lease Says Otherwise
If a tenant’s security deposit was swept by the landlord’s secured creditor but was not held in trust, the tenant has no recourse other than to file an unsecured claim.
Madoff Fraud Makes More Law: The Safe Harbor’s Application to Foreign Liquidators
District judge holds that the safe harbor in Section 546(e) applies to lawsuits by foreign liquidators aiming to avoid transactions abroad under foreign law.