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ABI Journal

New York

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.

District Court Upholds Procedures for Suspending a Panel Trustee

Panel trustee suspended for unfair, harsh, accusatory examination of debtors.

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).

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.

Courts Split on Stripping Down Partially Commercial Mortgages

Buffalo case begs for circuit court ruling to set up a circuit conflict and cert petition.

Potential Tort Claims Are Not Estate Property

Not knowing a cause of action exists sometimes keeps a tort claim out of the estate.

Lower Courts Split on Nondischargeability of Education-Related Loans

New York judges narrowly define ‘educational benefit’ to discharge student 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.