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.
Successor to Bankrupt Company Saddled with Pre-Bankruptcy Environmental Claims
Discharge was no bar to claims not recognized until after bankruptcy.
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.
Post-Confirmation Jurisdiction Is Narrow Following a Bona Fide Reorganization
After confirmation, New York’s Judge Glenn requires ‘close nexus’ for jurisdiction.
Denial of Motions to Dismiss Petitions: Are They Final or Not?
Bullard leaves questions unanswered when debtors move to dismiss their own petitions.
Violating the Automatic Stay Isn’t Contempt Without Intent
Intentional tort concepts imposed on proceedings for contempt of the automatic stay.
New York District Judge Lays Down Lenient Standard for Imputing Fraudulent Intent
Former Bankruptcy Judge Gerber reversed in Lyondell for being too strict, then for being too lenient.