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Practice and Procedure

New York Judge Dismisses an Involuntary Petition Against a CDO

Judge Vyskocil denounces an involuntary petition as an attempt by senior, fully secured noteholders to profit at the expense of subordinate noteholders.

‘Mere Conduit’ Defense to a Fraudulent Transfer Isn’t Limited to Banks

Florida judge finds no duty to investigate suspicions of fraud when even the auditors had been duped.

New Jersey Judges Side with the Minority on Turnover of Repossessed Autos

Split deepens regarding failure to return a repossessed auto as an automatic stay violation.
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Invocation of Rooker-Feldman Requires Finality in the State Court Judgment

Rooker-Feldman applies only if the state proceedings have ended before the federal suit is filed, Eleventh Circuit says.
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Equity Can’t Bar a Chapter 13 Discharge After the Debtor Makes All Plan Payments

The bankruptcy court is no longer a court of equity; here’s another example.
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