New York Judge Declines (for Now) to Enforce an Indonesian Plan in the U.S. Manhattan’s Bankruptcy Judge Sean Lane requires a record in the foreign proceeding showing that third-party releases are in accord with foreign law. Read more about New York Judge Declines (for Now) to Enforce an Indonesian Plan in the U.S.
Discharge May Be Enforced in Another District, Brooklyn Judge Says Bankruptcy court has power to entertain a nationwide class action asserting a discharge violation. Read more about Discharge May Be Enforced in Another District, Brooklyn Judge Says
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. Read more about Bankruptcy Settlement Didn’t Discharge All Environmental Claims, New York Judge Says
‘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. Read more about ‘Plain Language’ Puts Small-Dollar Avoidance Suits in the Debtor’s Home Court
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. Read more about No Retroactive Adequate Protection in Chapter 13, Judge Trust Says
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. Read more about The Standards for a Pre-Filing Injunction Against a Vexatious Litigant
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. Read more about Safe Harbor Bars Foreign Liquidators from Recovering Money Stolen in the U.S.
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%. Read more about Madoff Trustee Wins Prejudgment Interest from ‘Net Winner’ Who Didn’t Settle
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. Read more about New York’s High Court Splits on Federal Preemption of Tortious Interference Claims
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. Read more about Courts Split on Paying Chapter 13 Trustee Fees in Cases Dismissed Before Confirmation