New York Judge Takes Different Approach to Repeat-Filer Automatic Stay Termination
Using a different approach, Judge Grossman agrees with the minority on Section 362(c)(3)(A).
Circuit Split Brewing on Modifying Mortgages on Mixed-Use Properties
Lower courts are tending to disagree with two circuits on Section 1322(b)(2).
Constructive Trust Theory Fails Without Showing Unjust Enrichment
Parents who benefitted from son’s secret ownership couldn’t claim title.
Preference Law Held Not to Have Extraterritorial Application
New York’s Judge Bernstein delves into the splits on extraterritoriality.
Serving a Complaint on a Bank by Ordinary Mail Is a Nullity
Without service by certified mail, a bank is not compelled to respond to a complaint.
New York Stands Alone by Not Requiring Delivery to Transfer a Note and Mortgage
District judge makes an ‘Erie’ guess on an undecided issue of New York law.
Mortgage Survives Chapter 13 Even Though the Secured Claim Was Disallowed
New York judge disagrees with Ninth Circuit on the effect of disallowance of a secured claim.
Profit-Sharing Clause Unenforceable in a Bankruptcy Lease Auction
Provision depressing debtor’s income at a lease auction is unenforceable under Section 365(f).
Second Circuit Bars Arbitration of Claim Subordination Dispute
Appeals court easily rules against arbitration on a core issue involving priority.
Post-Confirmation Jurisdiction Is Narrow Following a Bona Fide Reorganization
After confirmation, New York’s Judge Glenn requires ‘close nexus’ for jurisdiction.