New York Southern District

Appeals Brewing on Breadth of the Barton Doctrine in the Second Circuit

Will the Second Circuit follow the Ninth with a broad reading of Barton v. Barbour?

Clever Pleading Won’t Allow Individual Creditors to Sue, Madoff District Judge Says

Decision draws the line between common claims and those particular to individual creditors.

Transferring Venue Isn’t Easier Just Because There Is Bankruptcy Jurisdiction

New York district judge keeps a lawsuit out of the hands of a Delaware bankruptcy judge.

Preference Law Held Not to Have Extraterritorial Application

New York’s Judge Bernstein delves into the splits on extraterritoriality.

New York District Judges Are Split on Drawing Inferences of Fraud from Executives

Reversed by one district judge, Bankruptcy Judge Gerber was lauded by another on the same issue.

Circuit and District Courts Split on Maritime Liens in the Wake of Bankruptcy

O.W. Bunker bankruptcy tees up decisive Second Circuit rulings on liens for ‘necessaries.’

New York Judge Requires Hedge Funds to Disclose Their Investors

Evidence must show that hedge fund investors’ identities are ‘commercial information.’

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.