New York

Constructive Trust Theory Fails Without Showing Unjust Enrichment

Parents who benefitted from son’s secret ownership couldn’t claim title.

Judge Punts on How the Rule of Explicitness Survived Adoption of the Code

Circuits split on whether Section 510(b) killed off the exception to the Rule of Explicitness.

Appeals Brewing on Breadth of the Barton Doctrine in the Second Circuit

Will the Second Circuit follow the Ninth with a broad reading of Barton v. Barbour?

Clever Pleading Won’t Allow Individual Creditors to Sue, Madoff District Judge Says

Decision draws the line between common claims and those particular to individual creditors.

Transferring Venue Isn’t Easier Just Because There Is Bankruptcy Jurisdiction

New York district judge keeps a lawsuit out of the hands of a Delaware bankruptcy judge.

Preference Law Held Not to Have Extraterritorial Application

New York’s Judge Bernstein delves into the splits on extraterritoriality.

New York District Judges Are Split on Drawing Inferences of Fraud from Executives

Reversed by one district judge, Bankruptcy Judge Gerber was lauded by another on the same issue.

Circuit and District Courts Split on Maritime Liens in the Wake of Bankruptcy

O.W. Bunker bankruptcy tees up decisive Second Circuit rulings on liens for ‘necessaries.’

New York Judge Requires Hedge Funds to Disclose Their Investors

Evidence must show that hedge fund investors’ identities are ‘commercial information.’

New York Bankruptcy Judge Bars Use of ‘Safe Harbor’ When Bank Is Only a Conduit

Buffalo judge braves Second Circuit authority to disregard ‘safe harbor’ in stock buyback.