Alan S. Trust

A tort claim time-barred at filing doesn’t become estate property when the legislature reopens the statute of limitations.

A tax foreclosure that isn’t an unconstitutional taking can still be a constructively fraudulent transfer depending on when and how the debtor receives the equity above the delinquent taxes.

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.

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.

Mortgage payments are considered ‘under the plan’ even if made by the chapter 13 debtors directly.

Lower courts are tending to disagree with two circuits on Section 1322(b)(2).