Bankruptcy Judge Reflects on ‘Leverage-Shifting’ In Denying a Nondebtor Injunction
Bankruptcy Judge William Lafferty declined (for now) to halt suits against nondebtor affiliates for lack of an adequate record to justify a preliminary injunction.
San Francisco Judge Slaps Down FERC on Rejection of Power Purchase Agreements
Judge Montali accuses FERC of a power grab to take the bankruptcy court’s right to rule on the rejection of executory contracts.
Electric Utility’s Customers Denied Official Committee Status in Chapter 11
Are utility customers entitled to an official committee because they will fund the reorganization plan? Judge Montali says ‘no.’
Adversary Proceeding to Enjoin FERC Remains in Bankruptcy Court
District judge won’t withdraw the reference when PG&E rejects power purchase agreements.
Specific Personal Jurisdiction Exists over a Foreign Transferee in a Ponzi Scheme
Judge Lafferty lays out the standards for specific personal jurisdiction over a foreign defendant who received stolen property.
California District Judge Requires Property in the U.S. to File Chapter 15
A security retainer held by a foreign liquidator’s U.S. counsel satisfies the chapter 15 requirement of property in the U.S.
Even Without the One-Day-Late Rule, Tax Liability Still Wasn’t Discharged
A tax return late by three years wasn’t ‘honest and reasonable.’
Ninth Circuit to Rule on ‘Related To’ Removal of Securities Lawsuits
Ninth Circuit can split with the Second on bar to removal of suits under the ’33 Securities Act.
Diverting Assets after Confirmation Does Not Give Rise to ‘Core’ Claims
A ‘profound impact’ on an estate does not by itself result in a ‘core’ claim.
California Judge Adopts Minority View on Automatic Termination of the Stay
District judge follows Ninth Circuit BAP on stay termination for serial filers.