EDNY Changes Policies about Defaults on Direct-Pay Mortgages in Chapter 13
Mortgage payments are considered ‘under the plan’ even if made by the chapter 13 debtors directly.
Bankruptcy Judge Rejects Equitable Defenses to Fraudulent Transfer Claim
Madoff trustee racks up two victories in one day.
Fictitious Profits Are Also Ignored on Inter-Account Transfers, Second Circuit Says
Madoff trustee’s newest appellate victory again disregards fictitious profits.
Court:
New York’s Unique Rules on Mortgage Note Assignments Remain Unresolved
New York alone failed to adopt an amendment to UCC § 3-203.
Court:
Latent Defects in Medical Devices Don’t Give Rise to Estate Property
Segal v. Rochelle prevented a personal injury claim from becoming estate property.
Second Circuit Describes When Claims Based on Securities Are Subordinated
Lehman workers barred from making claims based on worthless stock awards.
Court:
Bankruptcy Judge Has No Power to ‘Unrefer’ a Suit to District Court
Another New York judge refuses to send a case to Delaware.
Enforcement of an Existing Injunction Is Not ‘Final’ and Thus Not Appealable
Tronox spans more law, this time on finality regarding injunctions.
Court:
Second Circuit Limits Res Judicata Effect of Prior Bankruptcy Proceedings
Appeals court was reluctant to let lawyers off the hook for allegedly unethical conduct.
Court:
Personal Bankruptcy Bars Incarceration, but Not Finding of Civil Contempt
FTC allowed to continue contempt proceedings for failure to pay restitution.