Judge Declines to Apply ‘Earmarking’ Defense to a GM Lien Avoidance ‘Old’ GM lenders lose again while attempting to avoid the consequences of a $1.5 billion mistake. Judge Name - Do not use it. Martin Glenn Read more about Judge Declines to Apply ‘Earmarking’ Defense to a GM Lien Avoidance
Insurance Rehabilitation in Curaçao Given ‘Foreign Main’ Recognition in New York Court supervision and participation by creditors aren’t required for recognition under chapter 15. Judge Name - Do not use it. Martin Glenn Read more about Insurance Rehabilitation in Curaçao Given ‘Foreign Main’ Recognition in New York
Tuition Payments for Adult Children Squarely Held to Be Constructively Fraudulent New York judge allows insolvent parents to pay for a minor child’s expensive education. Judge Name - Do not use it. Martin Glenn Read more about Tuition Payments for Adult Children Squarely Held to Be Constructively Fraudulent
U.S. Judge Willing to Split with the U.K. over Chapter 15 Foreign Recognition Judge Glenn criticizes an 1890 English decision refusing to enforce a foreign discharge of debt. Judge Name - Do not use it. Martin Glenn Read more about U.S. Judge Willing to Split with the U.K. over Chapter 15 Foreign Recognition
Class Settlements After Confirmation Require Rule 23 Class Certification Judge Glenn in Manhattan straightens up some of the mess created when GM didn’t disclose ignition switch defects before confirmation. Judge Name - Do not use it. Martin Glenn Read more about Class Settlements After Confirmation Require Rule 23 Class Certification
New York Judge Finds Constitutional Power to Enter Default Judgments Assuming service was properly effected, Judge Martin Glenn views Wellness International as permitting bankruptcy courts to enter final default judgments in all adversary proceedings. Judge Name - Do not use it. Martin Glenn Read more about New York Judge Finds Constitutional Power to Enter Default Judgments
Non-Consensual Third-Party Releases Pass Muster in Chapter 15 Principles of comity justify enforcing a U.K. scheme of arrangement that releases non-filed affiliates’ guarantees. Judge Name - Do not use it. Martin Glenn Read more about Non-Consensual Third-Party Releases Pass Muster in Chapter 15
The GM Creditors’ Trust Opens a Can of Worms by Nixing a Settlement Bankruptcy judge finds bad faith for walking out on a fully documented but unsigned settlement. Judge Name - Do not use it. Martin Glenn Read more about The GM Creditors’ Trust Opens a Can of Worms by Nixing a Settlement
French ‘Safeguard’ Plan Held to Qualify for Enforcement in the U.S. New York judge enforces a French reorganization similar to a U.S. prepack. Judge Name - Do not use it. Martin Glenn Read more about French ‘Safeguard’ Plan Held to Qualify for Enforcement in the U.S.
Trustee’s Stated Intent to Abandon by Itself Won’t Allow a Debtor to Sell Estate property must be formally abandoned before the power of sale reverts to the debtor. Judge Name - Do not use it. Martin Glenn Read more about Trustee’s Stated Intent to Abandon by Itself Won’t Allow a Debtor to Sell