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Avoidance Actions, SIPA Proceedings

In Madoff Fraudulent Transfer Cases, Bankruptcy Court Focuses on Intent of the Transferees

Releases & Exculpations

The Second Circuit Upholds Madoff Trustee’s Release of Derivative Claims

Jurisdiction & Appeals, SIPA Proceedings

Second Circuit: SIPA Trustee’s Attempt to Bring Claims Against Financial Institutions Fails Because He Stands in the Shoes of Madoff and Not Madoff’s Customers

Contributor(s)

Andriana
Georgallas

Jurisdiction & Appeals

Second Circuit Affirms Madoff Trustee’s Utilization of the “Net Investment Method” In Determining the “Net Equity” Value of Customers’ Claims

News

Burton R. Lifland: In Memoriam

Contributor(s)

Jurisdiction & Appeals, Stern Files

The Stern Files (third edition)

Avoidance Actions

No Protection in Ponzi Schemes: Utah Bankruptcy Court Limits Investors’ Ability to Retain Returns on Investments

Claims

Almost Favored – Court Denies Settling Defendants’ Attempt to Recover Under Most Favored Nations Clause

A Comity of (Reversible) Error: Second Circuit Finds Foreign Debtor’s Claim Against U.S. Debtor Is “Located” in the United States

COMI Maybe? The Second Circuit Examines the Relevant Date for Determining a Debtor’s “Center of Main Interests”

SIPA Proceedings

Second Circuit Rules that SIPA Customer Protections Are for Customers Only

Bankruptcy Court Finds That SIPA Claim is Not “Located” in the U.S.

Winding in the Golden Thread: The English Supreme Court rules that no special treatment applies to recognition of judgments in foreign bankruptcy proceedings

Chapter 11 Plans

Court Holds that Bar Dates Should Be of Interest to “Interest Holders”

Automatic Stay, Third Party Claims

Ponzi Plaintiffs Pursue Payment in Third-Party Proceeding, Southern District Sustains Stay of Suit

Chapter 15, International

The British Virgin Islands: A Paradise to Tourists and Mutual Fund Investors Alike… with Blue Skies, Full Moon Parties… and Clawback-Free Zones

Bankruptcy Beach Reading, Contest

BANKRUPTCY BEACH READING Bankruptcy Trivia–Answers Revealed

Exacting Their Tolling Period: Chapter 15 Debtors Entitled to Benefit of Section 108 of the Bankruptcy Code