Two New York Judges Disagree on Anti-Ipso Facto Law and Lehman Flip Clauses
Judge Chapman rejects former Judge Peck’s opinion invalidating flip clauses in swaps.
Six Year Delay in Serving a Complaint Is Ok, GM’s Bankruptcy Judge Rules
GM case will decide applicability of ‘safe harbor’ to interest payments on debt securities.
Complex Litigation Can Beat a Valid Forum Selection Clause
Enforcement of a forum selection clause is sometimes not mandatory, Delaware judge says.
New York District Judges Disagree on Arbitrating Violations of the Discharge Injunction
Important bankruptcy class action cases heading for the Second Circuit.
Courts Disagree on Necessity for Court Approval of New Debt in Chapter 13
To protect debtors from unscrupulous lenders, courts drive up the cost of chapter 13.
Eleventh Circuit Rules Against Debt Collectors, Deepening Split of Circuits on the FDCPA
Appeals court finds no ‘irreconcilable conflict’ between the FDCPA and the Bankruptcy Code.
Lenders Win Again, Beating Back Forced Vesting of Title through Chapter 13
Massachusetts judges disagree on ‘forced vesting’ in chapter 13 plan.
Another Lower Court Nixes an FDCPA Claim Based on a Time-Barred Debt
Chicago bankruptcy judge opines on how the circuit should rule on the FDCPA.