Preference Law Held Not to Have Extraterritorial Application
New York’s Judge Bernstein delves into the splits on extraterritoriality.
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.’
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.
Religious Court Had No Pecuniary Interest and Thus Lacked Standing to Appeal
Rabbinical court was barred from attaching an injunction under the First Amendment.
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.