New York Judge Takes Different Approach to Repeat-Filer Automatic Stay Termination
Using a different approach, Judge Grossman agrees with the minority on Section 362(c)(3)(A).
Circuit Split Brewing on Modifying Mortgages on Mixed-Use Properties
Lower courts are tending to disagree with two circuits on Section 1322(b)(2).
Oil & Gas Gathering Agreements Can Be Rejected as Executory Contracts
Pipeline companies strike out again in New York on Texas law question.
Loan Agreement Gives U.S. Court Jurisdiction over Foreign Bank Lender
Few U.S. connections required for ‘specific jurisdiction’ over a foreign lender.
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.