2nd Circuit

Two New York Judges Disagree on Anti-Ipso Facto Law and Lehman Flip Clauses

Judge Chapman rejects former Judge Peck’s opinion invalidating flip clauses in swaps.

Six Year Delay in Serving a Complaint Is Ok, GM’s Bankruptcy Judge Rules

GM case will decide applicability of ‘safe harbor’ to interest payments on debt securities.

Second Circuit Drubs New GM on Successor Liability for Ignition Switch Defects

Due process failure exposes New GM to liabilities for Old GM’s conduct.

A Claim Not Existing ‘But For’ Bankruptcy Lacks ‘Arising In’ Bankruptcy Jurisdiction

Bankruptcy jurisdiction narrowly construed to bar suits between nondebtors.

New York District Judges Disagree on Arbitrating Violations of the Discharge Injunction

Important bankruptcy class action cases heading for the Second Circuit.

District Court Upholds Procedures for Suspending a Panel Trustee

Panel trustee suspended for unfair, harsh, accusatory examination of debtors.

Baker Botts Held Not to Govern Defense of a Receiver’s Fee Request

Brooklyn judge limits Baker Botts to fee allowances under Section 330(a).

Madoff Trustee Nearing His First Judgment after Seven Years of Litigation

Madoff’s ‘net winners’ have their backs against the wall in fraudulent transfer suits.

Courts Split on Stripping Down Partially Commercial Mortgages

Buffalo case begs for circuit court ruling to set up a circuit conflict and cert petition.

Potential Tort Claims Are Not Estate Property

Not knowing a cause of action exists sometimes keeps a tort claim out of the estate.