July 09, 2021
Amended Chapter 13 Plan Allowed to Cure Post-Petition Mortgage Defaults
Courts are split on whether a debtor may amend a chapter 13 plan to cure post-petition defaults on a principal residence.
3rd Circuit, New JerseyNovember 16, 2020
‘Lifetime’ Club Memberships May Not Survive Bankruptcy
Before paying up front for a lifetime club membership, read the fine print and consult a lawyer.
3rd Circuit, New JerseyOctober 01, 2020
Repaying Salary After Arrest Isn’t Compensation for Loss and Isn’t Dischargeable
An obligation can be penal in nature, and thus nondischargeable, even though it’s measured by pecuniary loss.
3rd Circuit, New JerseyOctober 21, 2019
‘Disinterestedness’ Governs Approval of a Future Claimants’ Representative
Negotiating a prepackaged asbestos plan and having been paid by the debtor does not disqualify a future claimants’ representative under the disinterestedness standard.
3rd Circuit, New JerseyOctober 01, 2019
Lawyer Sanctioned for Filing at the Last Minute when Title Had Passed Already
Lawyer was sanctioned under Rule 9011 for filing a petition when the lawyer should have known that title had already passed in a foreclosure sale.
3rd Circuit, New JerseySeptember 18, 2019
New Jersey Tax Foreclosures Can Be Preferences, Third Circuit Rules
Although a foreclosure sale can be immune from fraudulent transfer attack, a tax foreclosure not based on the value of the property can be a preference.
3rd Circuit, New JerseyApril 24, 2019
Bankruptcy Notice to a Creditor Represented by Counsel in State Court Is Adequate
Conversely, giving notice to a creditor’s state-court counsel may not be adequate, New Jersey judge says.
3rd Circuit, New JerseyNovember 08, 2018
New Jersey Judges Side with the Minority on Turnover of Repossessed Autos
Split deepens regarding failure to return a repossessed auto as an automatic stay violation.
3rd Circuit, New JerseyApril 24, 2018
Tax Sales Can Be Avoided as Preferences, New Jersey District Judge Rules
Not a true public sale, a tax foreclosure in New Jersey can be attacked as a preference without implicating concerns about federalism.
3rd Circuit, New JerseySeptember 01, 2017
Tax Sales Can Be Avoided as Preferences, New Jersey Judge Rules
Federalism concerns do not protect tax foreclosures like they do mortgage foreclosures, Judge Gravelle says.
3rd Circuit, New Jersey