Fictitious Profits Are Also Ignored on Inter-Account Transfers, Second Circuit Says
Madoff trustee’s newest appellate victory again disregards fictitious profits.
Court:
New York’s Unique Rules on Mortgage Note Assignments Remain Unresolved
New York alone failed to adopt an amendment to UCC § 3-203.
Court:
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.
Court:
Bankruptcy Judge Has No Power to ‘Unrefer’ a Suit to District Court
Another New York judge refuses to send a case to Delaware.
Enforcement of an Existing Injunction Is Not ‘Final’ and Thus Not Appealable
Tronox spans more law, this time on finality regarding injunctions.
Court:
Second Circuit Limits Res Judicata Effect of Prior Bankruptcy Proceedings
Appeals court was reluctant to let lawyers off the hook for allegedly unethical conduct.
Court:
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).