Third Circuit Rejects Wait-and-See Valuation Approach and Accepts Lien Stripping in Section 506(a)
By: Andrew Richmond St. John’s Law Student ... Read full article
News Topic: BankruptcyCaseBlog
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Can the Purchase of Groceries be “in Furtherance of a Ponzi Scheme?”
By: Gabriella B. Zahn St. John's Law Student ... Read full article
Fourth Circuit Preserves Absolute Priority Rule Despite Challenge Through BAPCPA
By: Andrew Serrao St. John’s Law Student American Bankruptcy Institute Law Review Staff ... Read full article
Failure to Apply for Income Based Repayment Does Not Bar Discharge of Student Loans
By: Gabriella Formosa St. John’s Law Student ... Read full article
Bad Faith Constitutes “Cause” For Dismissal of a Bankruptcy Case
By: Kathleen Mullins St. John’s Law Student American Bankruptcy Institute Law Review Staff ... Read full article
Courts may Override §1111(a) and Require Proofs of Interest to be Filed
By: Brett Joseph St. John’s Law Student American Bankruptcy Institute Law Review Staff ... Read full article
Creditor Committee’s Concurrent Investigation Did Not Vitiate Need for Independent Examiner
By: Brendan A. Bertoli St. John’s Law Student American Bankruptcy Institute Law Review Staff ... Read full article
Developing Consensus Among Delaware Bankruptcy Courts to Narrowly Construe Stern v. Marshall Concerning Avoidance Claims
By: Joseph P. Donnelly IV St. John’s Law Student American Bankruptcy Institute Law Review Staff ... Read full article
Specific Intent is not Required to Establish a Willful Injury under Section 523(a)(6)
By: Robert Garafola St. John’s Law Student American Bankruptcy Institute Law Review Staff ... Read full article
Mortgagee’s Misapplication of Plan Payments not Tortious
By: Benjamin Yeamans St. John’s Law Student ... Read full article
Third Circuit Phases Out Old Standard For Determining When Claims Arise, With Some Exceptions
By: Melanie Spergel St. John’s Law Student ... Read full article
Civil Contempt Against Debtor Not Stayed by Bankruptcy Petition
By: Colleen E. Spain St. John’s Law Student ... Read full article
Definition of “Reasonably Equivalent Value” Narrowed as Pool of Potential Litigants is Expanded in Fraudulent Transfer Context
By: Steve Traditi St. John’s Law Student American Bankruptcy Institute Law Review Staff ... Read full article
Questions of Fact and Faith: Tithing, Undue Hardship, and Student Loan Discharge
By: Jessica Wright St. John’s Law Student American Bankruptcy Institute Law Review Staff ... Read full article
Trademark Licensee’s Rights Survive Rejection of Executory Contract
By: Kathryn Swimm St. John’s Law Student ... Read full article
Section 108 Relief Automatically Available to Foreign Representatives in Chapter 15 Cases
By: Andrew J. Zapata St. John’s Law Student American Bankruptcy Institute Law Review Staff ... Read full article
Section 329: Bankruptcy Courts Have Exclusive Jurisdiction Over Attorneys’ Fees in Bankruptcy Proceedings
By: Samantha M. Tusa St. John’s Law Student American Bankruptcy Institute Law Review Staff ... Read full article
“Strip Off” of a Wholly Unsecured Second Mortgage Impermissible
By: Michael J. Casaceli St. John’s University Law Student American Bankruptcy Institute Law Review Staff ... Read full article
The Challenge of Exclusivity Appeal of Original Equity Owners
By: Michael M. Harary St. John's Law Student American Bankruptcy Institute Law Review Staff ... Read full article
Debtor Can’t Avoid Judgment Lien That Attached Prior to Homestead Declaration
By: Alyssa Baer St. John’s Law Student American Bankruptcy Institute Law Review Staff ... Read full article