The intra-district divide in the Southern District of New York continued to deepen on the issue of whether claims disallowance under section 502(d) of the Bankruptcy Code applies to the claim or to the claimant, with the recent decision from a S.D.N.Y. bankruptcy court disagreeing with the S.D.N.Y. district court decision in In re Enron Corp., 379 B.R. 425 (S.D.N.Y. 2007) (Enron II).
Open Questions Regarding Disallowance Under Section 502(d)
The intra-district divide in the Southern District of New York continued to deepen on the issue of whether claims disallowance under section 502(d) of the Bankruptcy Code applies to the claim or to the claimant.
By
Paul A. Rubin and Hanh V. Huynh
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