Judge Glenn Explains When Structured Dismissals and Comfort Orders Are Ok
Jevic didn’t ban structured dismissals when there is no violation of the rules of priority and the alternatives would create greater administrative insolvency.
Treble Damages for ‘Willfulness’ Won’t Automatically Result in Nondischargeability
The lack of specific findings of fact by the arbitrator meant that a treble damage award for willful breach of contract was dischargeable.
U.S. Suit Dismissed After German Defendant Files Insolvency in Germany
Filing a chapter 15 petition wasn’t required for a U.S. district court to dismiss a civil action against a German company undergoing insolvency in Germany.
Brooklyn Decision Shows Why Litigation Finance Is Risky if the Plaintiff Files Bankruptcy
At least in New York, a litigation finance agreement can’t be written to remove all of the lender’s exposure to the borrower’s bankruptcy.
Unusual Facts Permit Selling Property Free and Clear of Judicial Liens
Long Island’s Judge Grossman explores the intricacies of selling property free and clear for less than the amount of liens.
New York Judge Declines (for Now) to Enforce an Indonesian Plan in the U.S.
Manhattan’s Bankruptcy Judge Sean Lane requires a record in the foreign proceeding showing that third-party releases are in accord with foreign law.
Discharge May Be Enforced in Another District, Brooklyn Judge Says
Bankruptcy court has power to entertain a nationwide class action asserting a discharge violation.
Bankruptcy Settlement Didn’t Discharge All Environmental Claims, New York Judge Says
Due process considerations persuaded District Judge Oetken to conclude that a creditor’s claims, unknown at the time, were not barred by a settlement.
‘Plain Language’ Puts Small-Dollar Avoidance Suits in the Debtor’s Home Court
Congress may have made a mistake in drafting, but the plain language of 28 U.S.C. § 1409(b) must control, Judge Grossman says.
No Retroactive Adequate Protection in Chapter 13, Judge Trust Says
Long Island judge follows ‘Burt’ Lifland and rules that a secured creditor is not entitled to adequate protections for periods of time before filing a motion giving rise to adequate protection.