New York Judge Rails Against the Use of ‘Appearance Counsel’
Multiple ethical violations may occur with the use of so-called appearance counsel in consumer bankruptcies.
New York Judge Finds Constitutional Power to Enter Default Judgments
Assuming service was properly effected, Judge Martin Glenn views Wellness International as permitting bankruptcy courts to enter final default judgments in all adversary proceedings.
New York Judge Takes a Forgiving View of ‘Actual Conflict’ in Section 327(c)
Firm allowed to drop a creditor-client and represent the debtor in chapter 11.
U.S. Trustee Criticized for Dumping the ‘Jay Alix Protocol’
New York bankruptcy judge approves retention of a crisis manger under Section 363(b) who might be disqualified under Section 327(a).
Chapter 15 Allows Discovery Not Available under Foreign Law, District Judge Says
Arbitration agreement doesn’t preclude discovery in chapter 15, district judge rules.
GM Ignition Switch Litigation Makes Law on Punitive Damages and Law of the Case
Ten years later, courts are still sorting out who’s liable for Old GM’s failure to disclose a known defect.
Claims Located in the U.S. Make a Foreign Debtor Eligible for Chapter 15
The Second Circuit’s Barnet opinion on Section 109(a)’s requirement of property in the U.S. is satisfied by claims located in the U.S.
Chapter 15 Allows Discovery Not Available under Foreign Law, New York Judge Says
Bankruptcy Judge Shelley C. Chapman skirts an arbitration agreement to allow discovery.
Non-Consensual Third-Party Releases Pass Muster in Chapter 15
Principles of comity justify enforcing a U.K. scheme of arrangement that releases non-filed affiliates’ guarantees.
District Court Endorses Opt-Out to Confirm Substantive Consolidation Plans
Augie/Restivo problems are avoided by including opt-out provisions in a substantive consolidation chapter 11 plan.