Religious Court Had No Pecuniary Interest and Thus Lacked Standing to Appeal
Rabbinical court was barred from attaching an injunction under the First Amendment.
Successor to Bankrupt Company Saddled with Pre-Bankruptcy Environmental Claims
Discharge was no bar to claims not recognized until after bankruptcy.
New York Judge Rejects Ninth Circuit’s Ybarra Doctrine that Revives Discharged Claims
Ninth Circuit decision based on policy, not statutory language, is wrong, S.D.N.Y. judge says.
Post-Confirmation Jurisdiction Is Narrow Following a Bona Fide Reorganization
After confirmation, New York’s Judge Glenn requires ‘close nexus’ for jurisdiction.
Denial of Motions to Dismiss Petitions: Are They Final or Not?
Bullard leaves questions unanswered when debtors move to dismiss their own petitions.
Violating the Automatic Stay Isn’t Contempt Without Intent
Intentional tort concepts imposed on proceedings for contempt of the automatic stay.
New York District Judge Lays Down Lenient Standard for Imputing Fraudulent Intent
Former Bankruptcy Judge Gerber reversed in Lyondell for being too strict, then for being too lenient.
A Claim Not Existing ‘But For’ Bankruptcy Lacks ‘Arising In’ Bankruptcy Jurisdiction
Bankruptcy jurisdiction narrowly construed to bar suits between nondebtors.
New York District Judges Disagree on Arbitrating Violations of the Discharge Injunction
Important bankruptcy class action cases heading for the Second Circuit.
District Court Upholds Procedures for Suspending a Panel Trustee
Panel trustee suspended for unfair, harsh, accusatory examination of debtors.