‘Innocent’ Transferee Held Potentially Liable for Payment from a Ponzi Scheme
With partial success, trustee sues the casino where a fraudster gambled away stolen money.
New York and Delaware Agree: Releases Are Constitutionally Ok in Confirmation Orders
Chief District Judge in New York rules that ‘core’ jurisdiction includes non-consensual, third-party releases in confirmation orders.
District Judge Rules Section 562 Does Not Apply to Terminations by Agreement
Section 562 applies to fix the date for calculating damages only if the debtor rejects or the creditor terminates, New York district judge says.
Section 363(m) Won’t Protect a Buyer with Detailed Knowledge of an Adverse Claim
A bankruptcy judge’s finding regarding status as a good faith purchaser is not the final word on appeal.
Class Settlements After Confirmation Require Rule 23 Class Certification
Judge Glenn in Manhattan straightens up some of the mess created when GM didn’t disclose ignition switch defects before confirmation.
Bankruptcy Court Still Has Jurisdiction Seven Years After Confirmation
Venue in the bankruptcy court is ok for suits brought under a liquidating plan.
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.
Tax Foreclosure in New York Can Be a Fraudulent Transfer, District Judge Says
The Supreme Court’s BFP opinion on mortgage foreclosures held not applicable to tax foreclosures in New York.
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.