By Jeff SayerScorpion Legal Services, LLCRoswell, GA The Honorable Robert Drain of the United States Bankruptcy Court for the Southern District of New York issued an opinion on August 24, 2015 in a case which raised a conflict between bankruptcy law and Jewish religious proceedings.In In re: Congregation Birchos Yosef, the Debtor was a debtor in possession of a Jewish School
By Michael R. KingGammage & BurnhamPhoenix, AZ QUESTION: HOW DID THE BANK LOSE OVER $1 MILLION WORTH OF COLLATERAL DUE TO A PETTY TYPOGRAPHICAL ERROR?ANSWER: A BANKRUPTCY TRUSTEE ACTS AS A HYPOTHETICAL SECURED CREDITOR THAT CAN IGNORE THE REALITIES OF THE FACTS!What a difference two days makes!
By Louis S. RobinLaw Offices of Louis S. RobinLongmeadow, MA As we return from our summer respites (if any of us consider the few moments we may be able to steal as a summer respite), some discussion of three recent Supreme Court cases might quicken our return to our the struggles we endure in our legal practices. They may have some effect on our practices. I will also provide some suggestions and comments.Harris v.
By Beau HaysHays, Potter & Martin, LLPPeachtree Corners, GA Judge Margaret Murphy of the Bankruptcy Court for the Northern District of Georgia recently handed down a victory for Trustees (and creditors) in a case involving a carve-out negotiated with secured lenders to allow for a short sale and create a fund for unsecured creditors. In re Diener, No. 11-83085-MHM (Bankr. N.D.Ga.
By Michael RielaVedder PriceNew York, NY In Horwitz v.Montroy (In re Select Tree Farms, Inc.), A.P. No. 15-1014, 2015 WL 4594076 (Bankr. W.D.N.Y.
By Michael RielaVedder PriceNew York In City of Concord v. Northern New England Telephone Operations LLC (In re Northern New EnglandTelephone Operations LLC), No.
George Orwell famously said that, "all animals are equal, but some animals are more equal than others." A petition for writ of cert filed on July 20, 2015 challenges the 9th Circuit's ruling upholding a District Court which found that the IRS was more equal than other creditors when it came to an alter ego determination. The case is No. 15-102, Robert A. Polittle, et al v.