March 11, 2019
Bankruptcy Judge Wiles politely says that the Sixth Circuit reached the correct result for the wrong reason.
Bankruptcy Judge Wiles politely says that the Sixth Circuit reached the correct result for the wrong reason.
March 4, 2019
Non-debtor, third-party release enforced along with granting international comity.
Non-debtor, third-party release enforced along with granting international comity.
February 27, 2019
Neither comity nor the presumption against extraterritorial application of U.S. statutes bars trustees from suing to recover subsequent transfers made abroad.
Neither comity nor the presumption against extraterritorial application of U.S. statutes bars trustees from suing to recover subsequent transfers made abroad.
February 21, 2019
Equity didn’t favor chopping down the default rate when the debtor emerged from bankruptcy with substantial equity and all creditors were paid in full.
Equity didn’t favor chopping down the default rate when the debtor emerged from bankruptcy with substantial equity and all creditors were paid in full.
February 20, 2019
Although the parties were sophisticated, New York judge finds that a liquidated damages clause was actually an unenforceable penalty.
Although the parties were sophisticated, New York judge finds that a liquidated damages clause was actually an unenforceable penalty.