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.’
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.