Skip to main content
Help Center
ABI Journal

Alan S. Trust

No Retroactive Adequate Protection in Chapter 13, Judge Trust Says

Long Island judge follows ‘Burt’ Lifland and rules that a secured creditor is not entitled to adequate protections for periods of time before filing a motion giving rise to adequate protection.

2nd Circuit
New York
New York Eastern District

Trustee Ordered to Disgorge Fees for Failing to Pay the U.S. Trustee’s Fees

The power to order disgorgement of fees arose under Section 105(a), not from Sections 330 or 331.

2nd Circuit
New York
New York Eastern District

Saving a Failing Company Doesn’t Entail ‘Defalcation’ Regarding Union Obligations

A properly drafted union contract still failed to leave a company officer with a nondischargeable debt for failing to make employer contributions to a union welfare fund.

2nd Circuit
New York
New York Eastern District

EDNY Changes Policies about Defaults on Direct-Pay Mortgages in Chapter 13

Mortgage payments are considered ‘under the plan’ even if made by the chapter 13 debtors directly.

2nd Circuit
New York
New York Eastern District

Circuit Split Brewing on Modifying Mortgages on Mixed-Use Properties

Lower courts are tending to disagree with two circuits on Section 1322(b)(2).

2nd Circuit
New York
New York Eastern District
Subscribe to %1