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.
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District Judge Rakoff Explains Why the Debtor Alone May Assert a Cure Claim
A creditor can’t assert a cure claim, even though Section 365(b) doesn’t give the counterparty the sole right to demand a cure on assumption of an executory contract.
Madoff Trustee Granted Another Direct Appeal to the Second Circuit
Overturning District Judge Rakoff a second time will aid the Madoff trustee’s quest to recover 100% of defrauded customers’ net equity claims.
Second Circuit Seems Primed to Give Extraterritorial Effect to Avoiding Powers
A reversal in the Second Circuit would mean that trustees can recover from subsequent recipients of fraudulent transfers, even if the subsequent transfers were made abroad.
Judge Name - Do not use it.
Jed Rakoff
Extraterritoriality of Avoiding Powers Goes to the Second Circuit
A split of circuits will result if the Second Circuit does not reverse a Madoff decision.
Judge Name - Do not use it.
Jed Rakoff
Interlocutory Orders Compelling Arbitration May Be Appealed with Permission
Shallow constitutional foundation of the bankruptcy court justifies allowing interlocutory appeals, district judge says.
Judge Name - Do not use it.
Jed S. Rakoff
Oil & Gas Gathering Agreements Can Be Rejected as Executory Contracts
Pipeline companies strike out again in New York on Texas law question.
Judge Name - Do not use it.
Jed S. Rakoff