Discharge May Be Enforced in Another District, Brooklyn Judge Says
Bankruptcy court has power to entertain a nationwide class action asserting a discharge violation.
‘Plain Language’ Puts Small-Dollar Avoidance Suits in the Debtor’s Home Court
Congress may have made a mistake in drafting, but the plain language of 28 U.S.C. § 1409(b) must control, Judge Grossman says.
No Retroactive Adequate Protection in Chapter 13, Judge Trust Says
Long Island judge follows ‘Burt’ Lifland and rules that a secured creditor is not entitled to adequate protections for periods of time before filing a motion giving rise to adequate protection.
The Standards for a Pre-Filing Injunction Against a Vexatious Litigant
The record as a whole and the likelihood of further abuse justify a pre-filing injunction.
Courts Split on Paying Chapter 13 Trustee Fees in Cases Dismissed Before Confirmation
Long Island judge finds no ambiguity in two statutes that other courts have found ambiguous when read together.
On a Split, Long Island Judge Allows Selling a Home Despite the Homeowner’s Objection
A homestead exemption does not bar selling a home when the chapter 7 debtor has no equity in the property, Judge Robert Grossman says.
Trustee Ordered to Disgorge Fees for Failing to Pay the U.S. Trustee’s Fees
The power to order disgorgement of fees arose under Section 105(a), not from Sections 330 or 331.
Majority of Courts Still Permit Small-Dollar Avoidance Suits in the Debtor’s Home Court
New York district judge agrees with the ABI Journal: Congress did not succeed in requiring trustees to file small-dollar avoidance actions in the defendant’s district.
Saving a Failing Company Doesn’t Entail ‘Defalcation’ Regarding Union Obligations
A properly drafted union contract still failed to leave a company officer with a nondischargeable debt for failing to make employer contributions to a union welfare fund.
May a Bankruptcy Court Annul the Automatic Stay after Acevedo?
Bankruptcy Judge Grossman explores the extent to which the Supreme Court’s Acevedo decision bars courts from granting relief retroactively.