EDNY Changes Policies about Defaults on Direct-Pay Mortgages in Chapter 13
Mortgage payments are considered ‘under the plan’ even if made by the chapter 13 debtors directly.
Bankruptcy Judge Rejects Equitable Defenses to Fraudulent Transfer Claim
Madoff trustee racks up two victories in one day.
Latent Defects in Medical Devices Don’t Give Rise to Estate Property
Segal v. Rochelle prevented a personal injury claim from becoming estate property.
Bankruptcy Judge Has No Power to ‘Unrefer’ a Suit to District Court
Another New York judge refuses to send a case to Delaware.
Personal Bankruptcy Bars Incarceration, but Not Finding of Civil Contempt
FTC allowed to continue contempt proceedings for failure to pay restitution.
New York Judge Takes Different Approach to Repeat-Filer Automatic Stay Termination
Using a different approach, Judge Grossman agrees with the minority on Section 362(c)(3)(A).
Circuit Split Brewing on Modifying Mortgages on Mixed-Use Properties
Lower courts are tending to disagree with two circuits on Section 1322(b)(2).
Oil & Gas Gathering Agreements Can Be Rejected as Executory Contracts
Pipeline companies strike out again in New York on Texas law question.
Loan Agreement Gives U.S. Court Jurisdiction over Foreign Bank Lender
Few U.S. connections required for ‘specific jurisdiction’ over a foreign lender.
Constructive Trust Theory Fails Without Showing Unjust Enrichment
Parents who benefitted from son’s secret ownership couldn’t claim title.