Bankruptcy Judge Regulates the Unregulated Debt-Reduction Service Industry Section 502(b)(4) shields debtors from overreaching lawyers in a new context. Judge Name - Do not use it. Robert E. Grossman Read more about Bankruptcy Judge Regulates the Unregulated Debt-Reduction Service Industry
Structured Finance Protects Tuition Payments from Fraudulent Transfer Suits Children were the initial transferees of tuition payments, thus giving schools the ‘good faith’ defense to fraudulent transfers. Judge Name - Do not use it. Carla E. Craig Read more about Structured Finance Protects Tuition Payments from Fraudulent Transfer Suits
Which Court Has a Better Claim to Jurisdiction in Successive Bankruptcies? Yet another example of how hard cases make bad law. Judge Name - Do not use it. Arthur D. Spatt Read more about Which Court Has a Better Claim to Jurisdiction in Successive Bankruptcies?
Previously Listing Property as a Principal Residence Didn’t Preclude a Later Cramdown Limited knowledge of English and ‘nuances’ in legal terms saved debtor from a fatal admission. Judge Name - Do not use it. Nancy Hershey Lord Read more about Previously Listing Property as a Principal Residence Didn’t Preclude a Later Cramdown
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. Judge Name - Do not use it. Alan S. Trust Read more about EDNY Changes Policies about Defaults on Direct-Pay Mortgages in Chapter 13
Latent Defects in Medical Devices Don’t Give Rise to Estate Property Segal v. Rochelle prevented a personal injury claim from becoming estate property. Judge Name - Do not use it. Joseph F. Bianco Read more about Latent Defects in Medical Devices Don’t Give Rise to Estate Property
New York Judge Takes Different Approach to Repeat-Filer Automatic Stay Termination Using a different approach, Judge Grossman agrees with the minority on Section 362(c)(3)(A). Judge Name - Do not use it. Robert E. Grossman Read more about New York Judge Takes Different Approach to Repeat-Filer Automatic Stay Termination
Circuit Split Brewing on Modifying Mortgages on Mixed-Use Properties Lower courts are tending to disagree with two circuits on Section 1322(b)(2). Judge Name - Do not use it. Alan S. Trust Read more about Circuit Split Brewing on Modifying Mortgages on Mixed-Use Properties
Constructive Trust Theory Fails Without Showing Unjust Enrichment Parents who benefitted from son’s secret ownership couldn’t claim title. Judge Name - Do not use it. Nancy Hershey Lord Read more about Constructive Trust Theory Fails Without Showing Unjust Enrichment
Serving a Complaint on a Bank by Ordinary Mail Is a Nullity Without service by certified mail, a bank is not compelled to respond to a complaint. Judge Name - Do not use it. Arthur D. Spatt Read more about Serving a Complaint on a Bank by Ordinary Mail Is a Nullity