Bankruptcy Litigation

Two New York Judges Disagree on Anti-Ipso Facto Law and Lehman Flip Clauses

Judge Chapman rejects former Judge Peck’s opinion invalidating flip clauses in swaps.
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Class Claims Not Categorically Barred in Bankruptcy, Delaware Judge Rules

Failure to notice all class members was pivotal in permitting a class proof of claim.
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Six Year Delay in Serving a Complaint Is Ok, GM’s Bankruptcy Judge Rules

GM case will decide applicability of ‘safe harbor’ to interest payments on debt securities.
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An Allowed Claim Doesn’t Bar an FDCPA Suit from Attacking the Same Debt

Georgia district judge confronts creditors who file claims based on stale debts.