Rochester Diocese Loses Stay Protection for Nondebtor Catholic Entities
After almost three years in chapter 11 without a consensual plan, Bankruptcy Judge Warren is allowing sexual abuse claimants to sue nondebtor parishes and schools.
District Judge Barred Redesignation to SBRA in a Case Pending 16 Months
Redesignation under the SBRA might become a hot topic once again when (if) Congress raises the cap back to $7.5 million.
Another New York District Judge Is Hostile to Nondebtor, Third-Party Releases
At the risk of committing error, a district judge in New York reads a third-party release to cover only derivative claims, not direct claims that a creditor may have against a nondebtor.
Long Island Judge Ends ‘Loss Mitigation’ in His Courtroom
No more informal ‘no-look’ fees in the courtroom of Bankruptcy Judge Robert Grossman.
Rule 11 Sanctions Coming for Madoff Customers Refusing to Give Up ‘Fictitious Profits’
Two district judges are becoming incensed by ‘net winners’ in the Madoff Ponzi scheme who continue litigating and losing on the same issues.
Ordinary Excuses Won’t Justify Plan-Filing Delays in Subchapter V
A fight between creditors justifies granting a Subchapter V debtor more time to file a plan, Judge Lane says.
How the Ordinary Course Defense Works When the Supplier Doesn’t ‘Hound’ for Payment
The ‘average-lateness’ test reveals payments that were not made in the ‘ordinary course.’
‘13’ Trustees Are Paid Even if Dismissal Comes Before Confirmation, District Judge Says
A chapter 13 trustee is not a federal employee for the purposes of the Federal Tort Claims Act.
Chapter 15 Permits Discovery to Lay Groundwork for a Lawsuit, New York Judge Says
Judge Garrity wasn’t required to rule on whether Bankruptcy Rule 2004 applies in chapter 15 cases.
Another District Judge Rules that Tax Foreclosures Can Be Fraudulent Transfers
The circuits are split on whether the Supreme Court’s BFP opinion can be extended to bar fraudulent transfer attacks on in rem real estate tax foreclosures.