New York Southern District

New York Judge Bars Use of Chapter 15 to Disrupt a Foreign Bankruptcy

‘Bankruptcy tourism’ seems unaffected by an unusual cross-border insolvency.

Trustee’s Stated Intent to Abandon by Itself Won’t Allow a Debtor to Sell

Estate property must be formally abandoned before the power of sale reverts to the debtor.

New GM Ignition Switch Suits Can Proceed in State Court, District Judge Says

The circuit court’s resolution of the bankruptcy law question prevents New GM from removing new suits to federal court.

Non-Voting Creditors’ Consent to Third Party Releases Can’t Be Inferred

New York and Delaware judges disagree on third party releases by non-voting creditors.

Interlocutory Orders Compelling Arbitration May Be Appealed with Permission

Shallow constitutional foundation of the bankruptcy court justifies allowing interlocutory appeals, district judge says.

Using a U.S. Bank Precludes a Foreigner from Winning Dismissal Based on Comity

Stay violation and turnover suits held proper extraterritorial application of U.S. law.

Transferring COMI to Avoid Liquidation Is Ok in Chapter 15

New York offers a chapter 15 home for foreign companies hoping to avoid liquidation.

Third Party Liability for Debtor’s Counsel Fees Precludes a Charging Lien

Third party liability for attorneys’ fees can leave debtor’s counsel in a worse position following nonpayment.

Defamation Claim Is Not a Personal Injury Tort, New York Judge Rules

California’s anti-SLAPP statute is substantive, but not entirely enforceable in federal court.