2nd Circuit

New York’s Unique Rules on Mortgage Note Assignments Remain Unresolved

New York alone failed to adopt an amendment to UCC § 3-203.

Latent Defects in Medical Devices Don’t Give Rise to Estate Property

Segal v. Rochelle prevented a personal injury claim from becoming estate property.

Second Circuit Describes When Claims Based on Securities Are Subordinated

Lehman workers barred from making claims based on worthless stock awards.

Enforcement of an Existing Injunction Is Not ‘Final’ and Thus Not Appealable

Tronox spans more law, this time on finality regarding injunctions.

Second Circuit Limits Res Judicata Effect of Prior Bankruptcy Proceedings

Appeals court was reluctant to let lawyers off the hook for allegedly unethical conduct.

Personal Bankruptcy Bars Incarceration, but Not Finding of Civil Contempt

FTC allowed to continue contempt proceedings for failure to pay restitution.

New York Judge Takes Different Approach to Repeat-Filer Automatic Stay Termination

Using a different approach, Judge Grossman agrees with the minority on Section 362(c)(3)(A).

Circuit Split Brewing on Modifying Mortgages on Mixed-Use Properties

Lower courts are tending to disagree with two circuits on Section 1322(b)(2).

Oil & Gas Gathering Agreements Can Be Rejected as Executory Contracts

Pipeline companies strike out again in New York on Texas law question.