Mortgage Servicer Saddled with $375,000 in Sanctions for Violating Rule 3002.1
For a repeat offender, less than $1,000 in improper charges resulted in large sanctions.
Denial of Motions to Dismiss Petitions: Are They Final or Not?
Bullard leaves questions unanswered when debtors move to dismiss their own petitions.
Connecticut District Judge Allows ‘Chapter 20’ to Strip Off Subordinate Lien
Second Circuit primed to agree or split with three circuits on ‘chapter 20’ lien stripping.
Two New York Judges Disagree on Anti-Ipso Facto Law and Lehman Flip Clauses
Judge Chapman rejects former Judge Peck’s opinion invalidating flip clauses in swaps.
Six Year Delay in Serving a Complaint Is Ok, GM’s Bankruptcy Judge Rules
GM case will decide applicability of ‘safe harbor’ to interest payments on debt securities.
New York District Judges Disagree on Arbitrating Violations of the Discharge Injunction
Important bankruptcy class action cases heading for the Second Circuit.
District Court Upholds Procedures for Suspending a Panel Trustee
Panel trustee suspended for unfair, harsh, accusatory examination of debtors.
Courts Split on Stripping Down Partially Commercial Mortgages
Buffalo case begs for circuit court ruling to set up a circuit conflict and cert petition.
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.