Successor to Bankrupt Company Saddled with Pre-Bankruptcy Environmental Claims Discharge was no bar to claims not recognized until after bankruptcy. Judge Name - Do not use it. Dora L. Irizarry Read more about Successor to Bankrupt Company Saddled with Pre-Bankruptcy Environmental Claims
Denial of Motions to Dismiss Petitions: Are They Final or Not? Bullard leaves questions unanswered when debtors move to dismiss their own petitions. Judge Name - Do not use it. Kiyo A. Matsumoto Read more about Denial of Motions to Dismiss Petitions: Are They Final or Not?
Violating the Automatic Stay Isn’t Contempt Without Intent Intentional tort concepts imposed on proceedings for contempt of the automatic stay. Judge Name - Do not use it. Brian M. Cogan Read more about Violating the Automatic Stay Isn’t Contempt Without Intent
Baker Botts Held Not to Govern Defense of a Receiver’s Fee Request Brooklyn judge limits Baker Botts to fee allowances under Section 330(a). Judge Name - Do not use it. Carla E. Craig Read more about Baker Botts Held Not to Govern Defense of a Receiver’s Fee Request
Potential Tort Claims Are Not Estate Property Not knowing a cause of action exists sometimes keeps a tort claim out of the estate. Judge Name - Do not use it. Robert E. Grossman Read more about Potential Tort Claims Are Not Estate Property
Lower Courts Split on Nondischargeability of Education-Related Loans New York judges narrowly define ‘educational benefit’ to discharge student loans. Judge Name - Do not use it. Carla E. Craig, Robert E. Grossman Read more about Lower Courts Split on Nondischargeability of Education-Related Loans
New York District Court Bars Forced Vesting of Title Through a Chapter 13 Plan Split in lower courts now tilts toward precluding forced title vesting in chapter 13. Judge Name - Do not use it. Arthur D. Spatt Read more about New York District Court Bars Forced Vesting of Title Through a Chapter 13 Plan
Elected Chapter 7 Trustee Must Be Disinterested, Long Island Judge Holds Judge imposes disinterestedness requirement not included in the statute. Judge Name - Do not use it. Louis A. Scarcella Read more about Elected Chapter 7 Trustee Must Be Disinterested, Long Island Judge Holds