April 20, 2021
Bankruptcy court has power to entertain a nationwide class action asserting a discharge violation.
March 17, 2021
Second Circuit insinuates that “undue hardship” and the Brunner test are synonymous.
March 3, 2021
An appeal from a critical vendor order was dismissed as equitably moot.
February 24, 2021
Due process considerations persuaded District Judge Oetken to conclude that a creditor’s claims, unknown at the time, were not barred by a settlement.
February 4, 2021
Congress may have made a mistake in drafting, but the plain language of 28 U.S.C. § 1409(b) must control, Judge Grossman says.
January 22, 2021
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.
January 21, 2021
The record as a whole and the likelihood of further abuse justify a pre-filing injunction.
January 4, 2021
Another opinion shows that Congress wrote Section 546(e) in a manner that goes far beyond protecting the securities markets in the U.S.
December 18, 2020
By continuing to litigate for 10 years on a lost cause, prejudgment interest will ‘up’ a fraudulent transfer defendant’s liability by 40%.
December 16, 2020
A debtor may have a valid ‘homestead’ exemption without residing in the property, so long as a dependent does reside there, the Second Circuit rules.