New York Southern District
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.’
New York judge enforces a French reorganization similar to a U.S. prepack.
Protecting negotiating leverage isn’t grounds for sealing the terms of a lease.
‘Bankruptcy tourism’ seems unaffected by an unusual cross-border insolvency.
Estate property must be formally abandoned before the power of sale reverts to the debtor.
The circuit court’s resolution of the bankruptcy law question prevents New GM from removing new suits to federal court.
New York and Delaware judges disagree on third party releases by non-voting creditors.