Second Circuit Says Orderly Liquidation Value Is Proper for a Retailer in Chapter 11
The Second Circuit adapts Rash to value the lender’s collateral in chapter 11 where there was a going-concern sale.
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Second Circuit Allows Appellate Attorneys’ Fees for Upholding a Contempt Citation
Finally, a circuit court cites Taggart to help a debtor enforce the discharge injunction.
Second Circuit Nixes Nationwide Class Actions for Discharge Violations
Second Circuit says that later Supreme Court authority did not undermine the appeals court’s prior decision that creditors cannot compel arbitration of discharge violations.
New York District Judges Are Split on Drawing Inferences of Fraud from Executives
Reversed by one district judge, Bankruptcy Judge Gerber was lauded by another on the same issue.
Judge Name - Do not use it.
Richard J. Sullivan, Denise Cote, Robert E. Gerber