2nd Circuit

Loan Agreement Gives U.S. Court Jurisdiction over Foreign Bank Lender

Few U.S. connections required for ‘specific jurisdiction’ over a foreign lender.

Constructive Trust Theory Fails Without Showing Unjust Enrichment

Parents who benefitted from son’s secret ownership couldn’t claim title.

Judge Punts on How the Rule of Explicitness Survived Adoption of the Code

Circuits split on whether Section 510(b) killed off the exception to the Rule of Explicitness.

Appeals Brewing on Breadth of the Barton Doctrine in the Second Circuit

Will the Second Circuit follow the Ninth with a broad reading of Barton v. Barbour?

Clever Pleading Won’t Allow Individual Creditors to Sue, Madoff District Judge Says

Decision draws the line between common claims and those particular to individual creditors.

Second Circuit Discusses Role of Chapter 15 in Cross-Border Litigation

Chapter 15 isn’t the exclusive means for enforcing foreign bankruptcy court judgments.
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Second Circuit Blesses a Nonconsensual Out-of-Court Restructuring

Appeals court focuses on the methods, not the result, in looking for a TIA violation.
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Transferring Venue Isn’t Easier Just Because There Is Bankruptcy Jurisdiction

New York district judge keeps a lawsuit out of the hands of a Delaware bankruptcy judge.

Preference Law Held Not to Have Extraterritorial Application

New York’s Judge Bernstein delves into the splits on extraterritoriality.

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.

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