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New Jersey

‘Disinterestedness’ Governs Approval of a Future Claimants’ Representative

Negotiating a prepackaged asbestos plan and having been paid by the debtor does not disqualify a future claimants’ representative under the disinterestedness standard.
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Lawyer Sanctioned for Filing at the Last Minute when Title Had Passed Already

Lawyer was sanctioned under Rule 9011 for filing a petition when the lawyer should have known that title had already passed in a foreclosure sale.
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New Jersey Tax Foreclosures Can Be Preferences, Third Circuit Rules

Although a foreclosure sale can be immune from fraudulent transfer attack, a tax foreclosure not based on the value of the property can be a preference.
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Bankruptcy Notice to a Creditor Represented by Counsel in State Court Is Adequate

Conversely, giving notice to a creditor’s state-court counsel may not be adequate, New Jersey judge says.
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New Jersey Judges Side with the Minority on Turnover of Repossessed Autos

Split deepens regarding failure to return a repossessed auto as an automatic stay violation.
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Tax Sales Can Be Avoided as Preferences, New Jersey District Judge Rules

Not a true public sale, a tax foreclosure in New Jersey can be attacked as a preference without implicating concerns about federalism.
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Tax Sales Can Be Avoided as Preferences, New Jersey Judge Rules

Federalism concerns do not protect tax foreclosures like they do mortgage foreclosures, Judge Gravelle says.
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Each Third Party Release Must Be Economically Justified, District Judge Holds

Small case is making big Third Circuit law on confirmation of chapter 11 plans.
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Recent Decisions Bar Cramdown on Mixed-Use Principal Residences

Newark and Buffalo judges read 1322(b)(2) narrowly and in favor of mortgage lenders.
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Clark v. Rameker’s Gaping Loophole Allows Debtors to Retain Inherited IRAs

State law overrides ‘significant policy concerns’ in Supreme Court decision.
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