New York Southern District

Transferring Venue Isn’t Easier Just Because There Is Bankruptcy Jurisdiction

New York district judge keeps a lawsuit out of the hands of a Delaware bankruptcy judge.

Preference Law Held Not to Have Extraterritorial Application

New York’s Judge Bernstein delves into the splits on extraterritoriality.

New York District Judges Are Split on Drawing Inferences of Fraud from Executives

Reversed by one district judge, Bankruptcy Judge Gerber was lauded by another on the same issue.

Circuit and District Courts Split on Maritime Liens in the Wake of Bankruptcy

O.W. Bunker bankruptcy tees up decisive Second Circuit rulings on liens for ‘necessaries.’

New York Judge Requires Hedge Funds to Disclose Their Investors

Evidence must show that hedge fund investors’ identities are ‘commercial information.’

Need for Multinational Corporate Insolvency Law Shown in China Fishery Decision

Judges must use patchwork approach when handling a huge, multinational debtor.

Profit-Sharing Clause Unenforceable in a Bankruptcy Lease Auction

Provision depressing debtor’s income at a lease auction is unenforceable under Section 365(f).

Subordination Clause Held Ineligible for Arbitration

Creditors bat 500 this fall when trying to compel arbitration in the Southern District of New York.

Religious Court Had No Pecuniary Interest and Thus Lacked Standing to Appeal

Rabbinical court was barred from attaching an injunction under the First Amendment.

New York Judge Rejects Ninth Circuit’s Ybarra Doctrine that Revives Discharged Claims

Ninth Circuit decision based on policy, not statutory language, is wrong, S.D.N.Y. judge says.