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.
Serving a Complaint on a Bank by Ordinary Mail Is a Nullity
Without service by certified mail, a bank is not compelled to respond to a complaint.
New York Stands Alone by Not Requiring Delivery to Transfer a Note and Mortgage
District judge makes an ‘Erie’ guess on an undecided issue of New York law.
Mortgage Survives Chapter 13 Even Though the Secured Claim Was Disallowed
New York judge disagrees with Ninth Circuit on the effect of disallowance of a secured claim.
Need for Multinational Corporate Insolvency Law Shown in China Fishery Decision
Judges must use patchwork approach when handling a huge, multinational debtor.
Profit-Sharing Clause Unenforceable in a Bankruptcy Lease Auction
Provision depressing debtor’s income at a lease auction is unenforceable under Section 365(f).
Subordination Clause Held Ineligible for Arbitration
Creditors bat 500 this fall when trying to compel arbitration in the Southern District of New
York.