A Pending Sale Contract Doesn’t Obliterate a Homestead Exemption in Chapter 7
New York court delves into issues covered by the Fifth Circuit in Hawk and DeBerry.
Insurance Rehabilitation in Curaçao Given ‘Foreign Main’ Recognition in New York
Court supervision and participation by creditors aren’t required for recognition under chapter 15.
Tuition Payments for Adult Children Squarely Held to Be Constructively Fraudulent
New York judge allows insolvent parents to pay for a minor child’s expensive education.
Foreign Main or Nonmain Status Doesn’t Necessarily Follow Foreign Citizenship
Judge Chapman delves into the murky realm of an individual’s ‘COMI’ and ‘establishment.’
Safe Harbor Given Extraterritorial Effect to Benefit Madoff Feeder Funds Customers
Will the avoiding powers and the safe harbor both have extraterritorial effect? Stay tuned!
Loss of Voting Rights Must Be Expressly Stated to Be Enforceable, District Judge Says
MPM Silicones makes law again, this time on subordination of junior secured lenders.
Tuition Payments by Insolvent Parents (Likely) Constitute Fraudulent Transfers
District judge in Brooklyn overturns the bankruptcy court and again exposes colleges and universities to the receipt of fraudulent transfers when insolvent parents pay their childrens’ tuition.
New York Judge Dismisses an Involuntary Petition Against a CDO
Judge Vyskocil denounces an involuntary petition as an attempt by senior, fully secured noteholders to profit at the expense of subordinate noteholders.
Chrysler Wrongful Death Suits Barred in Alabama While Permitted Elsewhere
An Alabama statute designed to aid wrongful death claimants ends up hurting them in Chrysler’s bankruptcy.
U.S. Judge Willing to Split with the U.K. over Chapter 15 Foreign Recognition
Judge Glenn criticizes an 1890 English decision refusing to enforce a foreign discharge of debt.