Third-Party Releases Approved Without Awaiting the Outcome of Merit Management
Third-party releases would have been approved even if there were no ‘safe harbor’ defense.
Emotional Distress Damages Awarded for Civil Contempt on Automatic Stay Violation
Philadelphia judge socks the city’s parking authority for impounding a debtor’s car twice.
Receivership May Not Preclude a Board’s Ability to File Bankruptcy
A receiver who is not ‘disinterested’ can justify putting a company in bankruptcy.
Criminal Restitutions Are Not Recoverable as Preferences, Judge Agresti Says
Restitution payment does not qualify for the new value preference defense.
Look Forward 5 Years, Not 25, on Debtor’s Inability to Repay Student Loans, Judge Says
Term of the loan is the ‘relevant period’ for judging student loan dischargeability.
A Proper Foreclosure Sale Can Never Be a Preference, Judge Holds
Despite gaining more than through chapter 7, purchasing at foreclosure is no preference.
Insurance Companies Have Fewer Protections than Landlords and Aircraft Lessors
Absent special-interest legislation for bankruptcies, insurance companies remain in limbo.
Punitive Damage Claim from Involuntary Dismissal Brings Jury Trial Rights
Section 303(i)(2) claim, similar to malicious prosecution, invokes Seventh Amendment jury trial rights.
Plan Permitted to Stretch Out Redemption Payments Following a Tax Sale
Courts split on whether failure to redeem on time is fatal in a reorganization.
Did Segal v. Rochelle Survive Butner and Adoption of the Bankruptcy Code?
Courts use four approaches to harmonize Butner with Segal v. Rochelle.