January 4, 2021
Another opinion shows that Congress wrote Section 546(e) in a manner that goes far beyond protecting the securities markets in the U.S.
July 29, 2020
New York judge gives casinos the responsibility for assuring that a gambler’s use of a corporate ATM card is not a fraudulent transfer.
July 15, 2020
Courts are divided on discharging fines in a corporate chapter 11 case when the government itself was not defrauded.
March 24, 2020
Calling the Madoff trustee a liar and basing a discovery motion on facts known to be false resulted in sanctions under Rule 37(a)(5)(B).
January 16, 2020
Filing a chapter 11 petition to obtain an automatic 60-day extension of a closing date is not a bad faith filing, Judge Bernstein says.
March 20, 2019
Judge Bernstein distinguishes a Second Circuit opinion to rule that a makewhole premium is allowable in bankruptcy.
January 24, 2019
Withdrawing a proof of claim will not divest the bankruptcy court of jurisdiction to try an avoidance action without a jury, Judge Bernstein says.
December 17, 2018
Will the avoiding powers and the safe harbor both have extraterritorial effect? Stay tuned!
November 6, 2018
An Alabama statute designed to aid wrongful death claimants ends up hurting them in Chrysler’s bankruptcy.
June 4, 2018
Courts split on the dischargeability of debts incurred in the course of divorce or separation.
2nd Circuit , New York ,