Non-Collusive Mortgage Foreclosure Held Preferential
By: Adam S. Cohen St. John’s Law Student American Bankruptcy Institute Law Review Staff ... Read full article
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Second Circuit Expands Settlement Payment Defenses
By: Tianja Samuel St. John’s Law Student American Bankruptcy Institute Law Review Staff ... Read full article
All Tolled, Section 108(c) Preserves a Mortgagee’s Option to Commence a Foreclosure Until After the Automatic Stay is Lifted
By: Matthew W. Silverman St. John’s Law Student American Bankruptcy Institute Law Review Staff ... Read full article
Intentional Conduct May Be Required to Prove Defalcation under Section 532(a)(4) In Certain Circuits
By: Elizabeth Vanderlinde St. John’s Law Student American Bankruptcy Institute Law Review Staff ... Read full article
Quasi-Judicial Immunity Shields Trustee from Personal Liability Quasi-Judicial Immunity Shields Trustee from Personal Liabili
By: Barry Z. Bazian St. John’s Law Student American Bankruptcy Institute Law Review Staff ... Read full article
Determining Meaning of Debtor’s Principal Residence Under BAPCPA
By: Patrick McBurney St. John's Law Student American Bankruptcy Institute Law Review Staff ... Read full article
The Unenforceability of Flip Clauses in Swap Agreements
By: Piergiorgio Maselli St. John's Law Student American Bankruptcy Institute Law Review Staff ... Read full article
Third Circuit Holds Post-petition Pension Fund Withdrawals Liability Is Entitled to Administrative Expense Priority Under Sectio
By: Brian Bergin St. John’s Law Student American Bankruptcy Institute Law Review Staff ... Read full article
Chapter 15 Does Not Permit Relief Manifestly Contrary to U.S. Public Policy
By: Malerie Ma St. John’s University Law Student American Bankruptcy Institute Law Review Staff ... Read full article
Section 546(e): “Safe Harbor” Held Inapplicable to Small Private LBOs
By: Shlomo Lazar St. John’s Law Student American Bankruptcy Institute Law Review Staff ... Read full article
Severance Compensation is “Earned” on Termination for Section 507(a)(4) Priority
By: Eric Small St. John’s Law Student American Bankruptcy Institute Law Review Staff ... Read full article
LLC Operating Agreements May Prohibit Bankruptcy Filings
By: Joshua L. Eisenson St. John’s Law Student American Bankruptcy Institute Law Review Staff ... Read full article
The Third Circuit Broadly Interprets Section 1128(b)’s “Party in Interest” Standing Requirement
Michael A. Battema St. John’s University Law Student American Bankruptcy Institute Law Review Staff ... Read full article
Overpayment of Secured Creditor Violates Absolute Priority Rule
By: Peter N. Chiaro St. John’s Law Student American Bankruptcy Institute Law Review Staff ... Read full article
Forward Contracts Preference Exception Broadly Construed
By: Brian P. King St. John’s Law Student American Bankruptcy Institute Law Review Staff ... Read full article
Low Threshold Adopted for “Participation” Sufficient to Bind a Creditor to a Chapter 11 Plan
By: Jonathan Weiss St. John’s Law Student American Bankruptcy Institute Law Review Staff ... Read full article
In re Lothian Oil Inc.: Non-Insider Debt Claims May Be Recharacterized as Equity Under Section 502(b)(1)
By: David N. Saponara St. John’s Law Student American Bankruptcy Institute Law Review Staff ... Read full article
The Tax Man Cometh: Plan Confirmation Does Not Free Responsible Officers From Trust Fund Recovery
By: Eric J. Dostal St. John's Law Student American Bankruptcy Institute Law Review Staff ... Read full article
Discrimination in Hiring Based on Past Bankruptcy Filing Allowed for Private Employers
By: Megan Quail St. John’s Law Student American Bankruptcy Institute Law Review Staff ... Read full article
Adult Child’s Tuition Payments Avoidable as Fraudulent Transfers
By: Gregory R. Bruno St. John's Law Student American Bankruptcy Institute Law Review Staff ... Read full article