Second Circuit won’t give a defendant a windfall if the debtor scheduled the lawsuit in the wrong place but told the trustee and the court.
SDNY opinion seems to mean that a bank may freeze a debtor’s entire bank account at filing, without violating the automatic stay.
Bankruptcy Judge Wiles explains the jurisdictional, statutory and constitutional reasons why nonconsensual releases are improper in the Second Circuit except in exceptional circumstances.
New York district judge is the most recent court to uphold an injunction implementing a $7.2 billion Madoff settlement.
Judge Bernstein distinguishes a Second Circuit opinion to rule that a makewhole premium is allowable in bankruptcy.
Bankruptcy Judge Wiles politely says that the Sixth Circuit reached the correct result for the wrong reason.
Non-debtor, third-party release enforced along with granting international comity.
Neither comity nor the presumption against extraterritorial application of U.S. statutes bars trustees from suing to recover subsequent transfers made abroad.
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.
Although the parties were sophisticated, New York judge finds that a liquidated damages clause was actually an unenforceable penalty.