Negotiating a prepackaged asbestos plan and having been paid by the debtor does not disqualify a future claimants’ representative under the disinterestedness standard.
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.
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.
Conversely, giving notice to a creditor’s state-court counsel may not be adequate, New Jersey judge says.
Split deepens regarding failure to return a repossessed auto as an automatic stay violation.
Not a true public sale, a tax foreclosure in New Jersey can be attacked as a preference without implicating concerns about federalism.
Federalism concerns do not protect tax foreclosures like they do mortgage foreclosures, Judge Gravelle says.
Small case is making big Third Circuit law on confirmation of chapter 11 plans.
Newark and Buffalo judges read 1322(b)(2) narrowly and in favor of mortgage lenders.
State law overrides ‘significant policy concerns’ in Supreme Court decision.