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
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New York District Judge Lays Down Lenient Standard for Imputing Fraudulent Intent
Former Bankruptcy Judge Gerber reversed in Lyondell for being too strict, then for being too lenient.
Judge Name - Do not use it.
Denise Cote
A Claim Not Existing ‘But For’ Bankruptcy Lacks ‘Arising In’ Bankruptcy Jurisdiction
Bankruptcy jurisdiction narrowly construed to bar suits between nondebtors.
Judge Name - Do not use it.
Victor Marrero
New York District Judges Disagree on Arbitrating Violations of the Discharge Injunction
Important bankruptcy class action cases heading for the Second Circuit.
Judge Name - Do not use it.
Nelson S. Román, Vincent L. Briccetti
District Court Upholds Procedures for Suspending a Panel Trustee
Panel trustee suspended for unfair, harsh, accusatory examination of debtors.
Judge Name - Do not use it.
Naomi Reice Buchwald
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
Madoff Trustee Nearing His First Judgment after Seven Years of Litigation
Madoff’s ‘net winners’ have their backs against the wall in fraudulent transfer suits.
Judge Name - Do not use it.
Stuart M. Bernstein
Courts Split on Stripping Down Partially Commercial Mortgages
Buffalo case begs for circuit court ruling to set up a circuit conflict and cert petition.
Judge Name - Do not use it.
Paul R. Warren
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
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