Unique facts were again the basis for a result seemingly at odds with the statute.
For swaps, the Section 560 safe harbor overrides the anti-ipso facto provisions in the Bankruptcy Code.
New case seems inconsistent with Second Circuit’s prior opinion compelling arbitration over an automatic stay violation.
Yet another example of how hard cases make bad law.
A case on the ability of state law to take property out of the estate after filing may not go to the Supreme Court.
Courts split on which change of venue statute applies to ‘related to’ suits in district court.
Opinion ostensibly leaves a debtor without recourse for a supplier’s post-petition breach occurring before rejection.
Second Circuit approves a stay-violation defense in a nonprecedential opinion.
California judge won’t bar the debtor from settling for more than the original $6 million in compensatory damages while forsaking $40 million in punitive damages earmarked for public interest groups.