January 03, 2020
A contempt hearing fell under the ‘criminal’ exception to the automatic stay, but jailing a debtor to coerce payment of a prepetition debt violated the stay, Judge Grossman ruled.
December 09, 2019
New York intermediate appellate courts are split on critical questions about the ‘start date’ for the statute of limitations on mortgage foreclosure.
November 26, 2019
Claiming a firearm is owned for defense of the household raises the odds that the gun will be exempt as household goods.
September 17, 2019
Discovery abuse in a prior lawsuit can result in nondischargeability in a later bankruptcy.
September 10, 2019
Defendants in lawsuits by Lehman Brothers are stuck in bankruptcy court until the cases are ready for a jury trial.
July 31, 2019
Judge Garrity in New York adopts a narrow view of ‘commercial information’ that may be redacted in a court filing.
July 30, 2019
There is no prohibited double recovery from multiple defendants, the appeals courts says, until the trustee has recovered cash equaling the value of the fraudulently transferred property.
July 12, 2019
Long Island’s Judge Grossman follows the Third Circuit by finding limitations on the Rooker-Feldman doctrine.
July 05, 2019
In a large ‘prepack,’ the debtor was required to spend $80,000 a month for its depository bank to obtain a bond required by Section 345(b).
June 28, 2019
If a lower court buys an argument that’s clearly wrong, is the argument nonetheless ‘objectively reasonable?’ And does Taggart apply to an automatic stay violation?