Connecticut District Judge Allows ‘Chapter 20’ to Strip Off Subordinate Lien
Second Circuit primed to agree or split with three circuits on ‘chapter 20’ lien stripping.
Court:
Violating the Automatic Stay Isn’t Contempt Without Intent
Intentional tort concepts imposed on proceedings for contempt of the automatic stay.
New York District Judge Lays Down Lenient Standard for Imputing Fraudulent Intent
Former Bankruptcy Judge Gerber reversed in Lyondell for being too strict, then for being too lenient.
Preference Rules Are the Same When Two Bankruptcies Collide
The Dreier Ponzi scheme, like Madoff, makes law on claims of defrauded creditors.
Court:
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.
Court:
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.
Court:
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.
Court:
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.