Rochelle's Daily Wire

ABI Exclusive

August 12, 2021

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.

July 14, 2021

Officers are presumptively disqualified from KERPs, “absent a strong showing that they do not perform any significant role in management,” a district judge in New York says.

July 13, 2021

Madoff defendant socked with $280,000 in prejudgment interest for relitigating issues decided long ago.

July 8, 2021

Bankruptcy Judge Garrity didn’t impose a good faith filing requirement onto foreign main recognition of a chapter 15 case.

June 23, 2021

Jevic didn’t ban structured dismissals when there is no violation of the rules of priority and the alternatives would create greater administrative insolvency.

May 20, 2021

Filing a chapter 15 petition wasn’t required for a U.S. district court to dismiss a civil action against a German company undergoing insolvency in Germany.

April 22, 2021

Manhattan’s Bankruptcy Judge Sean Lane requires a record in the foreign proceeding showing that third-party releases are in accord with foreign law.

February 24, 2021

Due process considerations persuaded District Judge Oetken to conclude that a creditor’s claims, unknown at the time, were not barred by a settlement.

January 4, 2021

Another opinion shows that Congress wrote Section 546(e) in a manner that goes far beyond protecting the securities markets in the U.S.

December 18, 2020

By continuing to litigate for 10 years on a lost cause, prejudgment interest will ‘up’ a fraudulent transfer defendant’s liability by 40%.