A Claim Not Existing ‘But For’ Bankruptcy Lacks ‘Arising In’ Bankruptcy Jurisdiction
Bankruptcy jurisdiction narrowly construed to bar suits between nondebtors.
New York District Judges Disagree on Arbitrating Violations of the Discharge Injunction
Important bankruptcy class action cases heading for the Second Circuit.
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.
Aircraft Lenders Lose Again on Requiring Compliance with Return Provisions
New York judge summarizes prior decisions about returning surplus aircraft.