Bankruptcy Law

The New Jersey Appellate Division has crafted a potential new avenue for debtor spouses to protect marital property.  The Appellate Division recently clarified that a creditor of one spouse cannot execute on marital real or personal property held by the spouses as tenants by the entirety, absent con

This article is  reprinted with the permission of the American Bankruptcy Institute.

By: Bradley Lehman, Esquire McElroy Deutsch A recent opinion from the U.S. District Court for the Southern District of Texas, on appeal from the bankruptcy court in the District, is likely to have broad applicability in pending and future energy producer bankruptcy cases.

By: Bradley P. Lehman, Esquire McElroy Deutsch A recent decision by the United States Supreme Court in U. S. Bank N. A., Trustee, by and through CWCapital Asset Management LLC v. Village at Lakeridge, LLC, 138 S.Ct.

A recent opinion from the Bankruptcy Court for the District of Delaware, In re Washington Mutual, Inc., et al., Case No. 08-12229 (MFW), 2018 WL 704361 (Bankr. D. Del.

By Jason D. Angelo The cost of a college and professional education has, as most attorneys know all too well, skyrocketed over the course of the past few decades. Some students graduate with tens or even hundreds of thousands of dollars in student loan debt.

In re Motors Liquidation Company, Case No. 15-2844 (2d Cir., July 13, 2016) By John Stoelker, Esq. In a decision that may threaten the reliability and enforceability of future bankruptcy sales, the U.S.

In re Sabine Oil & Gas Corp., 2016 WL 890299, __ B.R. __ (Bankr. S.D.N.Y. Mar. 8, 2016) By John Stoelker, Esq. While the recent decline in oil prices has led to better value at the pump for consumers, it has also resulted in a wave of bankruptcy filings among U.S.

1.  Wellness International Network Ltd. v.

In In re ICL Holding Co., Inc.[i], the Third Circuit Court of Appeals (the “Court”) addressed whether a bankruptcy sale and related settlement that resulted in (1) paying some administrative claimants (i.e. the case professionals) and not others (i.e.

A subcontractor still retains its right to sue the principals of a bankrupt general contractor for diversion of trust funds under New York law even when a bankruptcy trustee settles and releases causes of action against these same individuals on behalf of the bankruptcy estate.

In re WCI Communities, Inc., 2015 WL 4477696 (D. Del.

In re Jevic Holding Corp., 2015 WL 2403443, __ F.3d __ (3d Cir. May 21, 2015) Section 507’s Absolute Priority Rule always applies – or does it? After last month’s precedential opinion issued by the Third Circuit Court of Appeals, apparently that isn’t always the case.