The Proper Role of an Expert on Willful Blindness in a Fraudulent Transfer Suit
Madoff spawns more law, this time on expert testimony about the good faith defense to a fraudulent transfer with ‘actual intent.’
French ‘Safeguard’ Plan Held to Qualify for Enforcement in the U.S.
New York judge enforces a French reorganization similar to a U.S. prepack.
Manhattan Judge Refuses to Rubber-Stamp a Sealing Motion
Protecting negotiating leverage isn’t grounds for sealing the terms of a lease.
New York Judge Bars Use of Chapter 15 to Disrupt a Foreign Bankruptcy
‘Bankruptcy tourism’ seems unaffected by an unusual cross-border insolvency.
Trustee’s Stated Intent to Abandon by Itself Won’t Allow a Debtor to Sell
Estate property must be formally abandoned before the power of sale reverts to the debtor.
New GM Ignition Switch Suits Can Proceed in State Court, District Judge Says
The circuit court’s resolution of the bankruptcy law question prevents New GM from removing new suits to federal court.
Non-Voting Creditors’ Consent to Third Party Releases Can’t Be Inferred
New York and Delaware judges disagree on third party releases by non-voting creditors.
Interlocutory Orders Compelling Arbitration May Be Appealed with Permission
Shallow constitutional foundation of the bankruptcy court justifies allowing interlocutory appeals, district judge says.
Using a U.S. Bank Precludes a Foreigner from Winning Dismissal Based on Comity
Stay violation and turnover suits held proper extraterritorial application of U.S. law.
Previously Listing Property as a Principal Residence Didn’t Preclude a Later Cramdown
Limited knowledge of English and ‘nuances’ in legal terms saved debtor from a fatal admission.