May 2018 Benchnotes
Journal Issue:
Federal Common Law of Constructive Trust Works When State Law Won’t
Delaware judge shows sympathy for a creditor being stiffed by the debtor.
Court:
Flip Clauses in Swaps Held Enforceable by District Judge in New York
For swaps, the Section 560 safe harbor overrides the anti-ipso facto provisions in the Bankruptcy Code.
Tennessee Judge Rules Back Child Support Is Not Estate Property
Courts are split on whether child support arrears are estate property.