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.
Survivor’s Pension Benefits Are Not ‘Retiree Benefits’ Protected by Section 1114
Judge uses legislative history because Section 1114 is ambiguous.
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.
District Judge Limits Second Circuit Rule on Standing for Successorship Claims
GM’s ignition switch fiasco continues making bankruptcy law on deprivation of the constitutional right to notice.