Court May Depart from the Code When the Debtor Consents and No One Objects
Unique facts were again the basis for a result seemingly at odds with the statute.
Judge Name - Do not use it.
Glenn T. Suddaby
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Flip Clauses in Swaps Held Enforceable by District Judge in New York
For swaps, the Section 560 safe harbor overrides the anti-ipso facto provisions in the Bankruptcy Code.
Judge Name - Do not use it.
Lorna G. Schonfield
Second Circuit Bars Arbitration in a Class Action for Violating the Discharge Injunction
New case seems inconsistent with Second Circuit’s prior opinion compelling arbitration over an automatic stay violation.
Judge Name - Do not use it.
Rosemary S. Pooler
Which Court Has a Better Claim to Jurisdiction in Successive Bankruptcies?
Yet another example of how hard cases make bad law.
Judge Name - Do not use it.
Arthur D. Spatt
A Trademark License Rejection Case May End Up in the Supreme Court
A case on the ability of state law to take property out of the estate after filing may not go to the Supreme Court.
Judge Name - Do not use it.
Supreme Court
CFPB Suit in District Court Immune from Transfer to Bankruptcy Court
Courts split on which change of venue statute applies to ‘related to’ suits in district court.
Judge Name - Do not use it.
Brian Morris
Rejecting a Contract Precludes a Suit for Post-Petition Breach
Opinion ostensibly leaves a debtor without recourse for a supplier’s post-petition breach occurring before rejection.
Judge Name - Do not use it.
Sim Lake
Simply Initiating Events that Later Violate the Stay Is Not a Stay Violation
Second Circuit approves a stay-violation defense in a nonprecedential opinion.