New York Southern District
The Second Circuit’s Barnet opinion on Section 109(a)’s requirement of property in the U.S. is satisfied by claims located in the U.S.
Bankruptcy Judge Shelley C. Chapman skirts an arbitration agreement to allow discovery.
Principles of comity justify enforcing a U.K. scheme of arrangement that releases non-filed affiliates’ guarantees.
Augie/Restivo problems are avoided by including opt-out provisions in a substantive consolidation chapter 11 plan.
Bankruptcy Judge Vyskocil holds that alter ego need not be alleged to recover from a corporation’s sole shareholder as the beneficiary of a fraudulent transfer.
The trustee for a bankrupt broker can ignore an individual customer’s request to transfer securities to a solvent broker and may instead transfer customer accounts in bulk.
For swaps, the Section 560 safe harbor overrides the anti-ipso facto provisions in the Bankruptcy Code.
Res judicata is flexibly applied again to bankruptcy cases.
Bankruptcy judge finds bad faith for walking out on a fully documented but unsigned settlement.
Madoff spawns more law, this time on expert testimony about the good faith defense to a fraudulent transfer with ‘actual intent.’