Dallas Judge Snubs Sam Wyly’s Attempt to Shelter His Home and Annuities
Sometimes, an annuity is not an annuity, regardless of what the documents say.
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.
Improperly Taking $297.72 Results in $250,000 in Punitive Damages for Stay Violation
Creditor’s unrepentant attitude escalates punitive damages from $33,700 to $250,000.
Standards Governing Judicial Estoppel Appeals Are Debated in the D.C. Circuit
Majority in D.C. Circuit are flexible on judicial estoppel summary judgment motions.
Creditors Lack Standing to Appeal in ‘No Asset’ Cases
Sometimes only priority creditors will have standing to appeal, Seventh Circuit says.
Tenth Circuit Examines Three Versions of Appellate Mootness
Good faith finding is required before dismissal of an appeal under Section 363(m).
District Court Not Bound by Unopposed Objections to Proposed Findings and Conclusions
Fifth Circuit liberates district judges in adopting or rejecting bankruptcy court’s proposed rulings.