Successor to Bankrupt Company Saddled with Pre-Bankruptcy Environmental Claims
Discharge was no bar to claims not recognized until after bankruptcy.
Denial of Motions to Dismiss Petitions: Are They Final or Not?
Bullard leaves questions unanswered when debtors move to dismiss their own petitions.
Violating the Automatic Stay Isn’t Contempt Without Intent
Intentional tort concepts imposed on proceedings for contempt of the automatic stay.
Baker Botts Held Not to Govern Defense of a Receiver’s Fee Request
Brooklyn judge limits Baker Botts to fee allowances under Section 330(a).
Potential Tort Claims Are Not Estate Property
Not knowing a cause of action exists sometimes keeps a tort claim out of the estate.
Lower Courts Split on Nondischargeability of Education-Related Loans
New York judges narrowly define ‘educational benefit’ to discharge student loans.
New York District Court Bars Forced Vesting of Title Through a Chapter 13 Plan
Split in lower courts now tilts toward precluding forced title vesting in chapter 13.
Elected Chapter 7 Trustee Must Be Disinterested, Long Island Judge Holds
Judge imposes disinterestedness requirement not included in the statute.