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.
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.
‘Old’ GM lenders lose again while attempting to avoid the consequences of a $1.5 billion mistake.
Withdrawing a proof of claim will not divest the bankruptcy court of jurisdiction to try an avoidance action without a jury, Judge Bernstein says.