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.
Using a Casino’s ATM Makes the Casino the Initial Transferee, Not a ‘Mere Conduit’ New York judge gives casinos the responsibility for assuring that a gambler’s use of a corporate ATM card is not a fraudulent transfer. Read more about Using a Casino’s ATM Makes the Casino the Initial Transferee, Not a ‘Mere Conduit’
Fines for Defrauding Consumers Are Dischargeable in a Corporate Chapter 11 Plan Courts are divided on discharging fines in a corporate chapter 11 case when the government itself was not defrauded. Read more about Fines for Defrauding Consumers Are Dischargeable in a Corporate Chapter 11 Plan
Lawyer for Madoff Customer Slapped with $57,347 Discovery Sanction Calling the Madoff trustee a liar and basing a discovery motion on facts known to be false resulted in sanctions under Rule 37(a)(5)(B). Read more about Lawyer for Madoff Customer Slapped with $57,347 Discovery Sanction
A Chapter 11 Filing Can Extend an Inflexible Closing Date by 60 Days Filing a chapter 11 petition to obtain an automatic 60-day extension of a closing date is not a bad faith filing, Judge Bernstein says. Read more about A Chapter 11 Filing Can Extend an Inflexible Closing Date by 60 Days
An Adroitly Drafted Makewhole Is Allowable in Bankruptcy, New York Judge Says Judge Bernstein distinguishes a Second Circuit opinion to rule that a makewhole premium is allowable in bankruptcy. Judge Name - Do not use it. Stuart M. Bernstein Read more about An Adroitly Drafted Makewhole Is Allowable in Bankruptcy, New York Judge Says
The Emily Litella Principle Governs the Withdrawal of Proofs of Claim Withdrawing a proof of claim will not divest the bankruptcy court of jurisdiction to try an avoidance action without a jury, Judge Bernstein says. Judge Name - Do not use it. Stuart M. Bernstein Read more about The Emily Litella Principle Governs the Withdrawal of Proofs of Claim
Safe Harbor Given Extraterritorial Effect to Benefit Madoff Feeder Funds Customers Will the avoiding powers and the safe harbor both have extraterritorial effect? Stay tuned! Judge Name - Do not use it. Stuart M. Bernstein Read more about Safe Harbor Given Extraterritorial Effect to Benefit Madoff Feeder Funds Customers
Chrysler Wrongful Death Suits Barred in Alabama While Permitted Elsewhere An Alabama statute designed to aid wrongful death claimants ends up hurting them in Chrysler’s bankruptcy. Judge Name - Do not use it. Stuart M. Bernstein Read more about Chrysler Wrongful Death Suits Barred in Alabama While Permitted Elsewhere
Islamic Law Informs the Court in Interpreting a Marital Contract Courts split on the dischargeability of debts incurred in the course of divorce or separation. Judge Name - Do not use it. Stuart M. Bernstein Read more about Islamic Law Informs the Court in Interpreting a Marital Contract