December 19, 2022
There’s no circuit split on post-petition interest, because the Second Circuit agreed with the Third, Fifth and Ninth Circuits.
December 12, 2022
A foreign proceeding designed only to protect company assets won’t qualify as a ‘foreign proceeding’ entitled to recognition under chapter 15.
November 30, 2022
Once an account debtor is notified to pay the lender, not paying an account receivable to the lender can mean that the account debtor pays twice.
2nd Circuit , New York ,
November 17, 2022
Legal malpractice claims can be either tort or contract claims, the Second Circuit explains.
November 14, 2022
The Second Circuit essentially reissued its original decision from last year by again requiring the U.S. Trustee to refund the overpayment of unconstitutional fees.
November 11, 2022
Subsequent transferees of Madoff’s fraudulent transfers won’t have an interlocutory appeal from denial of their motions to dismiss.
November 10, 2022
One month apart, two judges in New York differed on the extent to which they permitted redactions of information about creditors, their identities and addresses.
November 2, 2022
If a tenant’s security deposit was swept by the landlord’s secured creditor but was not held in trust, the tenant has no recourse other than to file an unsecured claim.
November 1, 2022
District judge holds that the safe harbor in Section 546(e) applies to lawsuits by foreign liquidators aiming to avoid transactions abroad under foreign law.
2nd Circuit , New York ,
October 21, 2022
The Second Circuit adapts Rash to value the lender’s collateral in chapter 11 where there was a going-concern sale.